The territorial limits of EU competition law: the Court of Appeal decision in iiyama v Samsung and others

In this competition litigation briefing, we explain the significance and implications of the Court of Appeal’s decision in iiyama v Samsung & ors. In particular, the case gives valuable guidance on the application of the legal tests which determine whether offending conduct falls within the territorial scope of the EU regime: the qualified effects test and the implementation test. This is the first time the Court of Appeal has considered this issue and the first time it has applied the CJEU’s decision in Intel Corporation v European Commission. It will be of relevance to would-be litigants, and courts, across the EU.