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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

Indiana Legal Studies Research Paper No. 1974545

22 Pages Posted: 20 Dec 2011  

Hannah L. Buxbaum

Indiana University Bloomington Maurer School of Law

Ralf Michaels

Duke University School of Law

Date Written: December 16, 2011

Abstract

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

Suggested Citation

Buxbaum, Hannah L. and Michaels, Ralf, Jurisdiction and Choice of Law in International Antitrust Law – A U.S. Perspective (December 16, 2011). INTERNATIONAL ANTITRUST LITIGATION: CONFLICT OF LAWS AND COORDINATION (STUDIES IN PRIVATE INTERNATIONAL LAW), Jürgen Basedow, Stéphanie Francq, Laurence Idot, eds., Oxford: Hart Publishing, 2012; Indiana Legal Studies Research Paper No. 1974545. Available at SSRN: https://ssrn.com/abstract=1974545

Hannah L. Buxbaum

Indiana University Bloomington Maurer School of Law ( email )

211 S. Indiana Avenue
Bloomington, IN 47405
United States

Ralf Michaels (Contact Author)

Duke University School of Law ( email )

210 Science Drive
Box 90362
Durham, NC 27708
United States

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