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Cooperation, Comity, and Competition Policy$
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Andrew T. Guzman

Print publication date: 2010

Print ISBN-13: 9780195387704

Published to Oxford Scholarship Online: January 2011

DOI: 10.1093/acprof:oso/9780195387704.001.0001

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The International Reach of Canadian Competition Law

The International Reach of Canadian Competition Law

(p.45) 3 The International Reach of Canadian Competition Law
Cooperation, Comity, and Competition Policy

Edward M. Iacobucci

Oxford University Press

In a small, open economy like Canada's, it would be plainly incomplete to think of antitrust law and policy as involving only domestic interests. This has always been true, but of course this has become even more essential to appreciate the growth in international trade. This chapter maps out the international contours of Canadian competition law and practice. First, it considers the extraterritorial reach of Canadian competition law. It looks at three relevant dimensions of extraterritorial application: Does Canadian law reach domestic conduct that affects foreign markets? Does Canadian law reach foreign conduct that affects domestic markets? Finally, does Canadian law reach foreign conduct that affects foreign markets? In discussing extraterritoriality, the central issue is whether Canadian law has jurisdiction over the relevant conduct. But even if it does have jurisdiction, it may decline to assume jurisdiction on grounds of international comity. The second section outlines the role of comity in Canadian attitudes to the extraterritorial reach of its statutes.

Keywords:   Canadian antitrust law, Canadian competition law, extraterritoriality, jurisdiction, international comity

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