Territoriality Isn’t Over

By Robert O’Donoghue

This article examines territoriality through the lens of the Iiyama case, the High Court’s main findings, and where the judgment leaves us on the question of territorial application of competition law. In light of the recent “Brexit” vote, the issues of territoriality would actually assume greater, not lesser, importance if the UK leaves the European Union since it would become all the more important to understand the demarcation between UK competition and EU competition laws, including when agreements or practices that facially have a UK dimension might remain subject to EU competition law due to their territorial effects.