The EU Model for International Competition Cooperation: Fighting International Competition Restrictions Beyond the Extraterritorial Application of the EU Competition Law Regime

The following contribution analyses the European Union (EU) rules and agreements with third countries regarding anti-competitive measures. It starts by giving a brief overview of the shortcomings of the extraterritorial application of national and European competition rules as well as different international initiatives for an international system of competition regulation. Since all of them have failed so far, countries have started to regulate cooperation in the control of restrictions on competition. In this field, the EU is one of the main players and tries to export its competition system beyond the borders of the EU. This model of cooperation will be analysed and categorized according to its forms, partners and content by examining the agreements which deal with competition law and policy. It is discussed to what extent the degree of integration of a contracting party is decisive, as the EU differentiates and intensifies the obligation to harmonise with EU competition and cooperation rules on this basis. Furthermore, the interplay with the principle of conditionality is also explained. Therefore, the contribution takes into account the differences in the provisions on notification, consultation, comity, dispute settlement and exchange of information. This analysis will be set in comparison to the approach of the US and will be followed by a conclusion with further proposals for a future-oriented European model of cooperation in competition matters.