Final Report - World Trade Organization
Final Report - World Trade Organization
Final Report - World Trade Organization
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Annexure Table 2b: Extra-territorial Jurisdiction & Cross Border Abuses<br />
UNCTAD Model Law<br />
l<br />
Not explicitly mentioned.<br />
<strong>World</strong> Bank-<br />
OECD Model Law<br />
l<br />
The law is applicable to all matters specified in having substantial effects in the<br />
country, including those, that results from acts done outside the country.<br />
India, 1969<br />
2002<br />
l<br />
l<br />
An important provision in the MRTP Act is its extra-territorial reach in respect of<br />
prohibited trade practices, a part of which is perpetrated within India. This provision<br />
had been interpreted as similar to the “effects” doctrine followed in Europe and the<br />
United States, whereby foreign firms can be prosecuted for violations of competition<br />
law that have adverse effects in the domestic jurisdiction. However, in a case the<br />
Supreme Court did not concur with the interpretation of the CA that the existing<br />
provisions allowed extra-teritorrial jurisdiction.<br />
Specific and detailed coverage of extra-teritorrial reach of the law has been provided.<br />
Pakistan<br />
l<br />
The law is silent in this regard.<br />
Sri Lanka<br />
l<br />
This aspect is not explicitly dealt with in both the 1997 and 2003 laws.<br />
Kenya<br />
l<br />
Does not address cross-border abuses and extra-territorial jurisdiction.<br />
South Africa<br />
l<br />
l<br />
l<br />
The Act applies to all economic activities within, or having effect within the Republic<br />
of South Africa.<br />
In this way, it provides for jurisdiction over mergers and for action against firms<br />
where the firms’ primary domicile is not South Africa.<br />
In practice, the Commission and Tribunal have recognised that it is difficult to oppose<br />
large international mergers that have already been approved in the USA or Europe.<br />
Tanzania<br />
l<br />
The powers are limited to the national territory and do not have extraterritorial<br />
application.<br />
Zambia<br />
l<br />
l<br />
A merger effected abroad by transnational enterprises is held to be a merger completed<br />
in Zambia if the enterprises are represented or resident in Zambia.<br />
An entity that enters into agreement as a consequence of provisions in respect to<br />
the use, licence or assignment of rights under, or existing by virtue of, any copyright,<br />
patent or trade is protected by the Act.<br />
100 w Pulling Up Our Socks
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