Jurisdiction and Choice of Law in International Antitrust Law – A U.S. Perspective
INTERNATIONAL ANTITRUST LITIGATION: CONFLICT OF LAWS AND COORDINATION (STUDIES IN PRIVATE INTERNATIONAL LAW), Jürgen Basedow, Stéphanie Francq, Laurence Idot, eds., Oxford: Hart Publishing, 2012
22 Pages Posted: 20 Dec 2011
Date Written: December 16, 2011
This essay was written for a forthcoming book on international antitrust litigation in Europe. It provides a comparative perspective on the U.S. approach to the jurisdictional and choice-of-law issues raised in international antitrust litigation. The chapter examines personal jurisdiction over foreign defendants involved in anticompetitive conduct, as well as the question of applicable law in cross-border antitrust litigation -- including the possibility of applying foreign antitrust law. It also focuses on the intersection between antitrust claims and contract claims, and on the special conflict-of-laws issues that arise in the context of class actions.
Keywords: antitrust, European law, comparative law, international litigation
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