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
Date Written: 1985
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
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