L' évolution de l'application extraterritoriale du droit de la concurrence européen

The extraterritorial application of antitrust law has been extensively developped since 1957.In the same way as the United States have tried to apply antitrust laws to Europe, the EC now wishes to apply this kind of legislation to companies outside the EC, using the criteria of jurisdictional competence in conformity with public international law.Three successive theories have been put forward: The "Effect theory" which has been much debated on its concordance with international law. The theory of "Enterprise Unity" has the desadvantaye that it cannot be applied to all foreign undertakings. Finally, the Commission and the Court of Justice have recently relied on the theory of the "Location of Anticompetitive Conduct". This last theory stands as a compromise between the first two and has broader potential application.As the competence of jurisdiction, the "enforcement jurisdiction over foreign undertakings is governed by international principles and is also constrained by blocking statutes. Nevertheless, the EC Commission knows how to make the most of its enforcement powers and most of the time, foreign companies submit to its decisions because the jurisdictional competence is well established.International cooperation is developing progressively through formal and informal agreements but the diplomatic way to resolve international litigation remains predominant