Re Wood Pulp case brief summary

Re Wood Pulp
Case Text: http://www.ejil.org/pdfs/1/1/1142.pdf

Case Facts
Restrictive practices were causing problems with the shipment and use of wood pulp in Europe.

Analysis

• In this case, which was before the ECR, the court chose to use the more restrictive implementation test, as opposed to the US effects test.
• The implementation test requires that there be an actual effect, and not just an intended effect.
• Under the implementation test, the conduct must be direct, substantial, and foreseeable for jurisdiction to be engaged.
• That is a more restrictive standard than the US effects test.
• However in practice, both tests are pretty much the same.