This Essay in honor of the memory of my dear friend and coauthor, Roger Goebel, presents a cutting-edge issue of extraterritoriality. May the law of one jurisdiction, whose competition law reaches a set of practices that may be anticompetitive, also reach wholly offshore conduct that is part of the same strategy? Does it matter that the conduct is not implemented in the jurisdiction, and its prospective territorial effects are derivative from its effects on the world market? This question was before the Court of Justice of the European Union in the now famous case, Intel Corp. v. Commission (“Intel”).
Eleanor M. Fox