Federal Courts and Extraterritorial Antitrust Law: Enlightened Self Interest or Yankee Imperialism?

University of Pittsburgh Journal of Law & Commerce, Vol. 5, No. 415, 1985

19 Pages Posted: 17 Jun 2009 Last revised: 2 Jul 2009

See all articles by Ruggero J. Aldisert

Ruggero J. Aldisert

United States Court of Appeals for the Third Circuit

Date Written: 1985

Abstract

As the world's national economies gradually become more interdependent, domestic commercial regulation, such as our antitrust laws, inevitably has an international impoact. One of the most perplexing problems courts have faced as of late is the proper reach of our antitrust laws in this growing web of economic ties. These laws are of particular concern to our international cousins because of their uniqueness in the landscape of international trade regulation, and the heavy penalties they carry for violations.

Efforts of courts and scholars to determine the reach of United States antitrust laws have led to dubious results. After surveying the terrain in this area, by reviewing two recent cases and analyzing the various factors offered as guidelines, this article suggests a simplified test for exercising jurisdiction, and a method for assisting federal courts in evaluating the foreign interests involved in these cases.

PDF scan posted with permission of the University of Pittsburgh Journal of Law & Commerce.

Keywords: antitrust, extraterritorial, Aldisert, federal courts, judicial process

Suggested Citation

Aldisert, Ruggero J., Federal Courts and Extraterritorial Antitrust Law: Enlightened Self Interest or Yankee Imperialism? (1985). University of Pittsburgh Journal of Law & Commerce, Vol. 5, No. 415, 1985, Available at SSRN: https://ssrn.com/abstract=1420863

Ruggero J. Aldisert (Contact Author)

United States Court of Appeals for the Third Circuit ( email )

601 Market Street
Philadelphia, PA
United States

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