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Is there a limit to the extraterritorial application of competition law?
FAB 2.43

with Dr Qianlan Wu from the University of Nottingham.

In economic globalization, competition agencies have referred to the unilateral and extraterritorial application of domestic competition rules and bilateral cooperations as the main legal instruments to tackle the challenges. Such enforcement does not necessarily promote international trade liberalization. The Regional Comprehensive Economic Partnership (RCEP), which came into force in January 2022, is the world's largest free trade area covering the ten ASEAN member states and its five FTA partners. Chapter 13 of the RCEP agreement sets out principles and institutional framework for competition law enforcement within the multilateral partnership. The paper critically assesses the arrangement and examines to what extent it has departed from the unilateral and bilateral extraterritorial application of competition laws and constituted a novel model.

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