Whether the European Commission violated international law by asserting jurisdiction by applying Article 85 of the Treaty Establishing the European Community, (‘EC Treaty’) to conduct restricting competition adopted outside the territory of the European Economic Community (‘EEC’) (now European Union (‘EU’)) by reason of the economic repercussions which that conduct produced within the EEC.
Whether the fact that a parent company, whose registered office was outside the EEC, influenced the conduct of its subsidiaries established in the EEC, which had distinct legal personality, could be considered as conduct inside that territory of such a nature as to justify the exercise of legal jurisdiction.
Whether a European Commission decision was vitiated by an infringement of an essential procedural requirement by not setting up adequate grounds to justify the Commission’s jurisdiction.
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