Extraterritoriality and Protection of the Free Competition

Abstract

The evolution of extraterritorial application of antitrust legislation is the outcome of growing and irreversible internationalization of economic activities. Both from scholarly as well as case-law points of view, is to be stressed the issue of effects, and the validity of the adoption of this criterium as the International Law localizer, both public and private. From the viewpoint of the protection of public interest, are to be noted the differences of Brazilian vis-à-vis American and European legislation, with emphasis: the per se treatment and the objective responsibility as well as the non-criminal nature of antitrust legislation. The concept of sovereignty, and the ensuing limits of the exercice of national Jurisdition, have to be adequated to the operational requirements of the new political, social and economic reality, as expressed by the development of extraterritorial effect of rules for protection of competition, in an attempt to protect free markets, in view of the internationally promoted multiplied action of economic agents, directly resulting from the increase of international trade relations and the action of transnational corporations and economic groups.