The challenges of extraterritoriality in competition investigations

Territorial jurisdiction inherently limits any investigative power, even more so than the power to impose substantive standards on foreign practices and companies. However, the shift towards extraterritoriality is happening even faster than it did with regard to the substantive application of competition rules to practices initiated outside the territory. Obviously, technological advances are contributing to this evolution, as are the need to combat practices that are established outside our borders and the difficulties associated with cooperation mechanisms between authorities. Companies must therefore anticipate this in order to be able to exercise their rights effectively in the event of an investigation.

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