Building a Cooperative Framework for Oversight in Mergers--The
Answer to Extraterritorial Issues in Merger Review  George Mason
Law University, George Mason Law Review's Antitrust Symposium
Arlington, VA  Debra A. Valentine, Former General Counsel  "The
issue of extraterritoriality, you know, that's a little bit like
modern art."(1)  Joe has argued that US assertions of
extraterritorial jurisdiction are often problematic and that our
courts tend to be cavalier about other nations' interests. I am
going to suggest that what is an extraterritorial assertion of
jurisdiction in today's globalized world is quite complex, often
depends on where you sit, and need not be -- and generally in
the merger context is not -- a provocative act. Using the
Boeing-McDonnell Douglas case as a springboard, I am going to
argue that we both have a cooperative framework between the EU
and the US for reviewing mergers with transborder effects and
need such a framework with other countries. But we first need to
understand what set o