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Customer Location and the International Reach of National Competition Laws

By  |  September 8, 2016

Posted by Social Science Research Network

Customer Location and the International Reach of National Competition Laws

Tadashi Shiraishi (University of Tokyo)

Abstract:      The Customer Location Doctrine is an elaboration of the Effect Doctrine, which has prevailed in most jurisdictions as a guiding principle for controlling the international reach of national competition laws. The Customer Location Doctrine defines the concept of “effect” as “the effect on customers located in the particular jurisdiction”. It explains almost all competition law practices, with some internal disputes in cases where some aspects of “customers” (i.e., the decision-maker and product-receiver aspects) belong to different entities located in different jurisdictions. This article examines cases and practices that exemplify and sophisticate the Customer Location Doctrine.