The international dimension of EC Competition Law Maher M. Dabbah Director, Interdisciplinary Centre for Competition Law and Policy (ICC) Queen Mary, University of London

The international dimension of EC competition law regime as a ‘European’ idea Furthering the single market goal Furthering the single market goal Making EC competition law regime a global model Making EC competition law regime a global model Internationalising competition law as a whole Internationalising competition law as a whole

Is competition law really international ? Yes: many countries have nowadays competition law (100+) Yes: many countries have nowadays competition law (100+) No: most people have not heard about competition law No: most people have not heard about competition law The contribution made by EC competition law regime towards internationalising competition law The contribution made by EC competition law regime towards internationalising competition law

The increase in public awareness globally Geographical expansion of competition law Geographical expansion of competition law Vigorous competition enforcement Vigorous competition enforcement Serious competition advocacy Serious competition advocacy BUT also contribution by developments in foreign competition law regimes: EC competition law regime plays a key role here BUT also contribution by developments in foreign competition law regimes: EC competition law regime plays a key role here

Building the international dimension of EC competition law regime: The THREE ways: Unilateralism (extraterritoriality) Unilateralism (extraterritoriality) Bilateralism (bilateral cooperation) Bilateralism (bilateral cooperation) Multilateralism (multilateral cooperation) Multilateralism (multilateral cooperation)

1.Extraterritoriality Using local laws to deal with foreign situations Using local laws to deal with foreign situations Examples: The cases of Microsoft and General Electric/Honeywell International Examples: The cases of Microsoft and General Electric/Honeywell International Asserting jurisdiction on the basis of principles of international law Asserting jurisdiction on the basis of principles of international law The doctrines of ‘effects’ and ‘implementation’ The doctrines of ‘effects’ and ‘implementation’

2. Bilateralism Specific competition-focused bilateral cooperation agreements (the 1991 and 1998 EC-US Agreements) Specific competition-focused bilateral cooperation agreements (the 1991 and 1998 EC-US Agreements) General bilateral relations which contain a competition component General bilateral relations which contain a competition component

The benefits of bilateral cooperation More effective enforcement mechanisms More effective enforcement mechanisms Better efficiency in investigations Better efficiency in investigations Avoidance of jurisdictional conflict Avoidance of jurisdictional conflict Protection for legitimate interests of the parties Protection for legitimate interests of the parties Relief for business firms Relief for business firms AND convergence AND convergence

Bilateralism...CONT/ Bilateralism allowing the Commission to promote EC competition law internationally (especially Article 81 and Article 82 EC): Bilateralism allowing the Commission to promote EC competition law internationally (especially Article 81 and Article 82 EC): Association AgreementsAssociation Agreements Partnership and Cooperation AgreementsPartnership and Cooperation Agreements Euro-Med linksEuro-Med links Free Trade AgreementsFree Trade Agreements (In addition to the European Economic Area (EEA) Agreement)

3.The Multilateral approach The World Trade Organisation (WTO) The World Trade Organisation (WTO) The International Competition Network (ICN)* – soft law convergence The International Competition Network (ICN)* – soft law convergence The Organisation for Economic Cooperation and Development (OECD) The Organisation for Economic Cooperation and Development (OECD) United Nations Conference on Trade and Development (UNCTAD) United Nations Conference on Trade and Development (UNCTAD)

Reflections EC competition law regime as a supranational regime and the European Commission as a supranational body EC competition law regime as a supranational regime and the European Commission as a supranational body Successful intrinsic dimension of the regime: Successful intrinsic dimension of the regime: National and Community levelsNational and Community levels Modernisation of the RegimeModernisation of the Regime Regulation 1/2003 Regulation 1/2003 The European Competition Network (ECN) The European Competition Network (ECN)

Thank you Maher M. Dabbah