Today, we’re resuming our series on the antitrust law of transactions taking place on foreign soil. This post completes our review of the antitrust law of foreign transactions prior to the passage of the Foreign Trade Antitrust Improvement Act. First, a ground rule that I should have clarified earlier – our purpose here is a … Continue Reading
Today, we’re continuing the prologue of our tour through the law of the Foreign Trade Antitrust Improvement Act, surveying the antitrust law of foreign-based transactions in the years leading up to enactment of the FTAIA. In our first installment, we reviewed the Supreme Court’s decision in American Banana Co. v. United Fruit Company, 213 U.S. … Continue Reading
Two weeks ago, we announced a new biweekly series on the law of the Foreign Trade Antitrust Improvement Act. Before we embark on our survey of the cases since passage of the FTAIA, let’s spend a few weeks reviewing the slate upon which Congress was writing when they passed the FTAIA – what was the … Continue Reading
Section One of the Sherman Act is written in simple, straightforward language: “Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is declared to be illegal.” Okay, maybe a little too simple, since, as the courts quickly realized, … Continue Reading
