International Antitrust Co-Operation Agreements

Abstract

This article addresses recent developments in the application of national antitrust laws to cross-border business activities, and the resulting need for antitrust enforcement authorities in different countries to co-ordinate their enforcement efforts. This article attributes the increase in cross-border antitrust enforcement to four trends: the increasing globalisation of business, the increasing proliferation of new antitrust laws around the world, the increasing acceptance of the "effects" test for antitrust jurisdiction, and the increasing liberalisation of trade barriers. The article then highlights both political and practical problems that have arisen from the points of view of antitrust enforcement agencies and affected private sector interests, stemming from the increasing extraterritorial application of antitrust laws. This article presents an overview of international co-operation agreements, focusing on US bilateral and multilateral co-operation agreements, and discusses how international co-operation in this area may affect private sector interests. Companies based in Europe should understand that any cartel conduct in which they may be involved, and any merger transactions, may be subject to review by antitrust enforcement authorities in multiple jurisdictions, including the United States, to the extent that those activities may injure or threaten injury to consumers in those jurisdictions.