Jurisdiction(s):
United Kingdom

Extraterritorial jurisdiction in EU competition law: single economic entity, implementation and qualified effects, and their impact on fine calculation

Published by a LexisNexis Competition expert

Practice notes

The breadth of the European Commission’s (Commission) authority to pursue antitrust breaches by undertakings based outside the EEA, for conduct taking place beyond its borders, has been hotly debated, especially after the Commission’s cartel decisions in the LCDs and CRTs matters. The question of extraterritorial scope also features in unilateral conduct, as shown by Case C-413/14 Intel v Commission. Although the EU treaties do not spell out the territorial limits of EU competition law, the Court of Justice has over time crafted tests to assess whether, in a given instance, the Commission has the requisite jurisdiction...

Extraterritorial jurisdiction

Single economic entity: permits the Commission to hold a parent to account where its EEA-based subsidiary engages in unlawful conduct.
Implementation: considers the degree to which the anti-competitive behaviour was carried out within the EEA.
Qualified effects: requires that the conduct was capable of producing substantial, immediate and foreseeable effects in the EEA.

Single economic entity

In Case C-48/69 ICI v...

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Web page updated on 22/05/2026

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