Extraterritoriality of EU Economic Law

This book sheds new light on the potential application of EU law to situations arising outside EU territory, and its consequences. In today's globalized world, EU law and the ECJ's decisions have been calling for exceptions and defining new connecting elements that make the traditional approach of EU law, based on the territoriality principle, less straightforward. This is the case with e.g. the effects doctrine in the context of EU competition law, as was fully recognized after the ECJ's Intel case. Moreover, recently approved rules concerning the EU's internal market, EU environmental law and EU data protection law have made it more difficult to define the application of EU law in terms of a pure link to the territoriality principle.The book examines these and other problems from the perspectives of various branches of EU economic law. With regard to EU competition law it presents, among others, studies on the evolution of the effects doctrine in the US and the EU; extraterritoriality of competition law; global cartels; merger control; state aid and cooperation between NCAs. Furthermore, it includes several studies concerning extraterritorial issues in trade relations between the EU and China; EU screening regulation of foreign direct investments; EU trade agreements; EU investment law and EU financial services.

The twenty-one contributing authors are internationally respected experts on EU law.

Auteur

Professor Nuno Cunha Rodrigues. Associate Professor of the Faculty of Law of the University of Lisbon, Portugal. Vice-President of the European Institute of the Faculty of Law of the University of Lisbon. Lawyer. He has published several books and articles in Portugal and other countries, such as the UK, Spain, Germany or Brazil, in the areas of EU Law; Competition Law; Public Finance; Public Procurement and Economic Law. Nuno Cunha Rodrigues has provided legal advice to public and private entities and taught in Law Schools if different countries, such as USA; Brazil; Spain; Italy; Norway; Mozambique and India. Holder of a Jean Monnet module (International and European Public Procurement) (2015-2018) and a Jean Monnet Chair (Extraterritorial impact of EU Economic Law) (since 2018).

Contenu

Introduction. Part I - EU Competition Law.- Unilateral application of competition laws to transnational business transactions: The development of the "effects" doctrine in the US and the EU.- Extraterritoriality in EU Competition Law.- Extraterritoriality in Japanese Competition Law: Reaching Foreign Entities in the Face of Changing Global Norms.- Extra-Territorial effects of EU Law over gas pipelines: The case of Gazprom and Nord Stream 2.- Extraterritoriality of EU competition law and the changing face of global cartel enforcement.- The Three Body Problem - Extraterritoriality, Comity and Cooperation in Competition Law.- The extraterritoriality of European competition law under a Brazilian perspective.- Part II - Foreign Investment and Internal Market.- EU, China, and Technical Standards in the Belt and Road Initiative (BRI): Extraterritoriality or Transnational Governance?.- Filling the regulatory gap to address foreign subsidies: the EC's search for a level playing field within the internal market.- The Conclusion of Trade Agreements and the EU's Duty to Respect Human Rights Abroad: Extraterritorial and Territorial Considerations.- Extraterritorial Effects of EU Financial Markets Laws.- Extraterritoriality and EU Standards in Investment Law: The Reform of the Energy Charter Treaty.- Part III - EU Consumer Law.- Adjusting National Consumer Protection Legislation in Georgia, Moldova and Ukraine to the EU Standards: Practices, Experience and Challenges.- Part IV - EU Environmental Law.- Extraterritoriality and the Impact of EU Regulatory Authority: Environmental Protection as Soft Power.- Contributions of the seventh framework programme of the European Union on environmental matters: future perspectives on the matter.- Part V - Data Protection.- The Extraterritoriality of the Right to Data Portability: cross-border flow between European Union and Brazil.- Personal data and transborder flows between the EU and the US: dilemmas and potential for convergence