By William Rankin (auth.), D. Gijlstra, H. G. Schermers, E. L. M. Völker (eds.)
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Extra info for Legal Issues of European Integration: Law Review of the Europa Instituut, University of Amsterdam
R. ) I (Three years): Shell Co. A. Ltd. v. Gerran's Garage Ltd. A. 752 (Five years). 88. Cleveland Petroleum Co. Ltd. v. Darstrane Ltd. R. II6: (1969) 1 All. R. 201. 89. At p. 202. THE 'SOLUS' AGREEMENT IN ENGLISH LAW AND IN THE LAW OF THE EEC 23 when taking the lease that the restriction exists-is rather unreal, for he has given up some freedom in that he has invested capital which he could have gainfully employed elsewhere. Lord Reid said90 : 'As the whole doctrine of restraint of trade is based on public policy its application ought to depend less on legal niceties or theoretical possibilities than on the practical effect of a restraint in hampering that freedom which it is the policy of the law to protect'.
Verzijl, 'The Controversy Regarding the So-Called Extraterritorial Effect of the American Antitrust Laws', 8 Nederlands Tijdscluift Voor Internationaal Recht 3, 26-29 (1961). Further, some authorities have classified the cause and result to be a form of 'continuous conduct'. O'Connell, supra note 12, at 826. EEC ANTITRUST JURISDICTION OVER ALIEN UNDERTAKINGS 39 B. OBJECTIVE TERRITORIAL JURISDICTION As has been indicated previously, the objective territorial principle may serve to complement the jurisdiction permitted by the subjective territorial principle.
Et at v. C. R. 557-6o4. See below, p. 18 et seq. 40. Wertheimer lecture, supra note 9. EEC ANTITRUST JURISDICTION OVER ALIEN UNDERTAKINGS 43 mentation is the result, can it be considered an essential constituent element of the offence when the prohibited act is only the agreement itself (the object or effect of which is the restraint of competition)41 ? Unfortunately, no solution to these questions has yet received uniform approval, although much confusion and disagreement have turned upon their existence.
Legal Issues of European Integration: Law Review of the Europa Instituut, University of Amsterdam by William Rankin (auth.), D. Gijlstra, H. G. Schermers, E. L. M. Völker (eds.)