Tuesday, June 14, 2011

On June 14

On this day in ...
... 2004, the U.S. Supreme Court delineated the extraterritorial reach of federal antitrust law, issuing its judgment in F. Hoffman-La Roche Ltd. v. Empagran S.A. Congress had enacted the 1982 Foreign Trade Antitrust Improvements Act to keep U.S. courts from interfering with foreign commerce, the Court reasoned; therefore, claims under the seminal antitrust law, the 1890 Sherman Act, were held not to be applicable to foreign price-fixing schemes that had no domestic effects. In his opinion for the Court, Justice Stephen Breyer (left) (photo credit), among the Court's most avid practitioners of transnational judicial dialogue, wrote:
'Why should American law supplant, for example, Canada’s or Great Britain’s or Japan’s own determination about how best to protect Canadian or British or Japanese customers from anticompetitive conduct engaged in significant part by Canadian or British or Japanese or other foreign companies?'

(Prior June 14 posts are here, here, here, and here.)

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