As business continues to expand on a multinational level, global business organizations increasingly need antitrust laws that transcend national borders while States increasingly seek to apply their domestic antitrust laws to companies that affect their domestic market. This article presents the issues raised by the application of domestic laws in an international context through the lens of the United States and European Union. The article first reviews the statutory basis for the antitrust laws in both the U.S. and the E.U. and then discusses the extraterritorial application of domestic laws by both entities. The author illustrates the difficulties that arise when domestic laws intersect in a global economy, she then demonstrates the strengths and weaknesses of proposed solutions to these problems. Finally, the author proposes a new model which integrates several aspects of the proposed solutions while also considering the critical role of innovation and new technology in the search for a solution.
Jennifer R. Johnson,
It's a Small World After All: Proposed Solutions for Global Antitrust in a System of National Laws,
1 Santa Clara J. Int'l L.
Available at: http://digitalcommons.law.scu.edu/scujil/vol1/iss1/3