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Wednesday, November 18, 2020 | History

3 edition of Extraterritorial application of U.S. antitrust laws found in the catalog.

Extraterritorial application of U.S. antitrust laws

Extraterritorial application of U.S. antitrust laws

some history and implications

by

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  • 16 Currently reading

Published by Congressional Research Service, Library of Congress in [Washington, D.C.] .
Written in English

    Subjects:
  • Antitrust law -- United States

  • Edition Notes

    StatementJanice E. Rubin
    SeriesMajor studies and issue briefs of the Congressional Research Service -- 1992, reel 8, fr. 00118
    ContributionsLibrary of Congress. Congressional Research Service
    The Physical Object
    FormatMicroform
    Pagination13 p.
    Number of Pages13
    ID Numbers
    Open LibraryOL15459901M

    1. Extraterritorial Application of the U.S. Antitrust Laws. Issues concerning the extraterritorial application of the United States antitrust laws—i.e., the ability of the antitrust laws to reach and punish or penalize actors or conduct located outside the United States—are of obvious interest to international competition law practitioners. Section of this title shall apply in any country where the United States exercises extraterritorial jurisdiction for the arrest and removal therefrom to the United States of any citizen or national of the United States who is a fugitive from justice charged with or convicted of the commission of any offense against the United States, and shall also apply throughout the United States for. The most recently revised volumes contain greatly expanded coverage of the Noerr-Pennington doctrine; state action, implied, and statutory immunity; and the international and extraterritorial application of U.S.   Another Turn concerning the Extraterritorial Application of U.S. Antitrust Laws - Subject Matter Jurisdiction over Claims by Users Outside the U.S. in an International Cartel Joint Purchase Issues among Corporations under the Antitrust Law Joint Purchase Issues among Corporations under the Antitrust Law.


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Extraterritorial application of U.S. antitrust laws Download PDF EPUB FB2

TION, PERSPECTIVES ON THE EXTRATERRITORIAL APPLICATION OF U.S. ANTITRUST AND OTHER LAWS (J. Griffin ed. The other principles of international jurisdiction that are referred to in antitrust stem largely from the criminal area. The nationality principle confers jurisdiction on the country in which the defendant is a national.

The antitrust laws of the United States expressly apply to conduct involving trade “with foreign nations.” American courts have concluded that these laws can and do reach activities occurring entirely outside of the United States if those activities have the requisite effects on U.S.

commerce, even if the activities are tolerated, or even encouraged, by the laws of the jurisdiction in Author: Donald E. Knebel. Perspectives on the extraterritorial application of U.S. antitrust and other laws. [Chicago]: Section of International Law, American Bar Association, © (OCoLC) Document Type: Book: All Authors / Contributors: Joseph P Griffin; American Bar Association.

Section of International Law. The Extraterritorial Application of Antitrust Laws: The United States and European Community Approaches ROGER P. ALFORD* I.

INTRODUCTION Few subjects in international law raise such incorrigible conflicts of interest as the exercise of extraterritorial jurisdiction in the antitrust by: 5.

Extraterritorial Application Law and Legal Definition An extraterritorial application of a statute involves the regulation of conduct beyond U.S.

borders. Extraterritoriality comes into play when the law endeavors to regulate conduct of persons with respect to place of occurrence of the event subjected to the regulation.

relevant U.S. antitrust statutes. Section 2 traces the development of the extraterritorial application of U.S. antitrust laws through judicial interpretation of the statutes. Section 3 explores the opinions of the District Court and the First Circuit in United States v.

Nippon Paper Industry Co. Section 4 discusses the. Now, the scope of the U.S. antitrust laws has arisen in a different context: the Foreign Sovereign Immunities Act (“FSIA”). In Decemberthe Judicial Panel on Multidistrict Litigation assigned to Judge Forrest (Southern District of New York) a series of cases alleging antitrust violations in connection with the rates for warehousing metal.

Extraterritorial jurisdiction (ETJ) is the legal ability of a government to exercise authority beyond its normal boundaries. Any authority can claim ETJ over any external territory they wish.

However, for the claim to be effective in the external territory (except by the exercise of force), it must be agreed either with the legal authority in the external territory, or with a legal authority. The Mystery Deepens: U.S. Treatment of International Cartels, Antitrust 31 (Spring ) Confusion worse compounded.

SELECTED CITATIONS. John M. Connor and Barren Bush, How to Block Cartel Formation and Price Fixing: Using Extraterritorial Application of the Antitrust Laws as a Deterrence Mechanism, Penn State Law Review (). 6 Sherman Antitrust Act, 15 U.S.C. § 1 (). 7 Id.

§ 2. 8 R.P. Alford, ‘The Extraterritorial Application of Antitrust Laws: The United States and the European Community Approaches’ () 33 Vir. of Int’l L. 1 at 7. 9 Id. 10 Between andfour Korean companies had fines totaling US $4, Penn State International Law Review Volume 1 Number 1Dickinson International Law Annual Article 7 Foreign Statutory Response to Extraterritorial Application of U.S.

Antitrust LawsAuthor: John Cannon Iii. restrain the extraterritorial application of the U.S. antitrust laws, taking account of the foreign economic interests prompting the opposition to such application, and will prevent the federal judiciary from addressing issues beyond its competence.

I HISTORY OF EXTRATERRITORIAL APPLICATION OF UNITED STATES ANTITRUST LAWCited by: 3. extraterritorial application of competition laws compared to Canada. Canadi- U.S. antitrust laws, see P. Cramption, The U.S. Antitrust Enforcement Guidelines for International Operations: A Foreign Perspective, INT'L Bus.

L.J. 99 (). [Vol. U.S. courts instead of directly challenging it. The injunction, when combined with the effect of blocking orders issued under the United Kingdom's Protec-tion of Trading Interests Act of [7], created a new method of blocking the extraterritorial application of U.S.

antitrust laws. Although the House of Lords. ' See, e.g., Gordon, Extraterritorial Application of United States Economic Laws: Britain Draws the Line, 14 INT'L LAW. () (analysis of the deleterious effect on Anglo-American relations of United States efforts to enforce its antitrust laws abroad).

In the United States, antitrust law is a collection of federal and state government laws that regulates the conduct and organization of business corporations, generally to promote competition for the benefit of main statutes are the Sherman Act ofthe Clayton Act of and the Federal Trade Commission Act of These Acts serve three major functions.

EXTRATERRITORIAL APPLICATION OF ANTITRUST LAWS NAJEEB SAMIE* I. THE TRADITIONAL ANALYSIS OF THE "EFFECTS" DOCTRINE IN ANTITRUST LAW The "effects" doctrine is a basis of jurisdiction which was de-veloped in order to reach aliens abroad whose conduct occurs be-yond the borders of the enforcing State, but has an effect withinAuthor: Najeeb Samie.

Perspectives on the extraterritorial application of US antitrust and other laws Perspectives on the extraterritorial application of United States antitrust and other laws: Responsibility: Joseph P.

LIM GALLEYPROOFS2 4/6/ AM EMORY INTERNATIONAL LAW REVIEW [Vol. 31 extraterritorial reach of U.S. antitrust laws, along with those of the European Union, Canada, South Korea, and Japan has continued to Size: KB.

American University Law Review Volume 50|Issue 5 Article 5 Slaying Goliath: The Extraterritorial Application of U.S.

Antitrust Law to OPEC Andrew C. Udin American University. Extraterritorial Application of United States Anti-trust Law: Problems for Canada-Recommenda-tions for the United States and Canada* by Donald L Baker** T HESE ARE TIMES of turmoil. Serious conflicts exist between Canada and the United States over where and.

Thoughts on Extraterritorial Application of the United States Antitrust Laws John H. Shenefield Follow this and additional works at: Part of the Law Commons Recommended Citation John H. Shenefield, Thoughts on Extraterritorial Application of the United States Antitrust Laws, 52 Fordham L.

Rev. Recent developments in the extraterritorial reach of the U.S. antitrust laws The determination that the FTAIA goes to the merits of a plaintiffs claims, not to a district courts jurisdiction, will. Three defenses are commonly raised to the extraterritorial application of the U.S.

antitrust laws. They are act of state, sovereign compliance, and sovereign immunity doctrines. Three defenses are commonly raised to the extraterritorial application of the U.S.

antitrust laws. These defenses are also commonly raised to attack jurisdiction in other legal actions involving international law.

competition laws. The United States, in seeking to enforce the extraterritorial application of its laws, is often accused of attempting to unilaterally impose a solution on a multilateral prob!em. There is room for broad multilateral solutions to the problem of intrusive United States and other country laws.

We have the example of the Status Of. The Kodak – Fuji dispute is a perfect example, which will be analysed after considering the main case law which will illustrate the extraterritorial application of U.S.

antitrust law. Alcoa case. One of the first examples to consider while analysing the extraterritorial application of U.S. antitrust provisions is the Alcoa case.

Alcoa, a U.S. the foreign defendants and the extraterritorial application of Section One of the Sherman Act The court focused its analysis of the extraterritorial application of the Sherman Act on two questions: one, whether the gov Id.

In September ofMitsubishi Paper Mills and New Oji Paper Co. agreed. Enforcing Antitrust Against Foreign Enterprises:Procedural Problems in the Extraterritorial Application of Antitrust Laws n/a Bookseller: Better World Books (Mishawaka, IN, U.S.A.) Seller Rating.

approaches to the extraterritorial application of antitrust laws.1 In discussing the U.S. approach, I predicted that "while the jurisdic-tional rule of reason has its weaknesses, it will remain a lasting fix-ture on the legal landscape precisely because it represents the only.

approaches of four countries—Canada, the U.S., Japan, and Vietnam— and illustrates that because the limit of international law on EACL is unclear, countries impose their own limits. Finally, Part III proposes a unified approach for all countries to use when considering the extraterritorial application of Author: Thanh Phan.

Extraterritorial application of U.S. antitrust laws has been one of the most controversial issues in the debate concerning competition laws.

Meanwhile, the extraterritorial reach of U.S. antitrust laws, along with those of the European Union, Canada, South Korea, and Japan has continued to increase.

EXTRATERRITORIAL ENFORCEMENT OF U.S. ANTITRUST LAWS 59 securities laws, currency laws, shipping contracts, production of documents, and others.' The many facets of international trade are usually controlled by national legislation.

Jurisdictional problems, therefore, generally do not raise intractable problems in international trade. The extraterritorial enforcement of U.S. antitrust laws has long generated discontent between the United States and several European nations.1 While not alone in attributing extraterritorial jurisdiction to its antitrust laws, the United States is among the minority in this re-Cited by: 2.

Sincethe United States has sought to extend the reaches of its antitrust laws to conduct beyond its borders that affected U.S. Commerce.5 There is a significant policy goal at stake in going after conduct that is extraterritorial.

Namely, by punishing cartelists for their conduct abroad, U.S. antitrust laws may reduce the payoffs for. to the Antitrust Commission, (J ) (forwarding Diplomatic Notedated Jconcerning the extraterritorial application of United States antitrust laws).

'Report, supra note 6, at 'Grounds for claiming jurisdiction in other than antitrust matters vary from country to coun. The limitation imposed by the FTAIA on extraterritorial application of the U.S. antitrust laws is not absolute. Notwithstanding the FTAIA, foreign conduct is governed by the U.S.

antitrust laws if it “involv[es] import trade or import commerce” or “has a direct, substantial, and reasonably foreseeable. The book thus exposes the tension between universality and effectiveness, which is itself the cause of methodological and conceptual inconsistency in the case law.

Finally, the work elaborates on the several possible models of the treaties' extraterritorial by: 'Courts without Borders makes sense of puzzling patterns in US courts’ decisions to assert domestic law internationally.

Tonya L. Putnam shows that courts avoid doing so when it would undercut the public policy purposes the law is intended to serve and when rights at. Extraterritorial Applications Of US Discrimination Laws AugPM EDT Law, New York (AugPM EDT) -- U.S.

statutory law. This Article begins by discussing the approaches taken in major jurisdictions to extraterritorial application of domestic antitrust laws and the imposition of extra-jurisdictional remedies.

It then provides model analysis in the context of common situations that have arisen or may : Koren Wong-Ervin, Andrew J. Heimert.the reach of US antitrust enforcement.

With its en banc opinion in Minn-Chem, Inc. v. Agrium Inc., No. (7th Cir. J ), the Seventh Circuit overruled its prior precedent and significantly expanded the extraterritorial scope of antitrust laws within. The Court of Appeals’ concern that limitations on the reach of federal antitrust law “would be undone” by extraterritorial application of state antitrust law should apply equally to an attempt to circumvent Morrison’s limitation on the federal securities laws.

Accordingly, it would appear that the Court is poised to give close scrutiny.