Extraterritorial application of U.S. antitrust law: What is a "direct, substantial, and reasonably foreseesable effect" under the Foreign Trade Antitrust Improvements Act?

From: Texas International Law Journal | Date: January 1, 2003| Author: | Copyright information

I. INTRODUCTION

Application of U.S. antitrust law continues to expand, for better or worse, with the expansion of international commerce. The United States Department of Justice (DOJ) and the Federal Trade Commission (FTC)-who are charged with the mandate of ensuring open and free markets, protecting consumers, and preventing conduct that impedes competition-possess powerful enforcement powers, both criminal and civil, under the Sherman Act(1) and other antitrust statutes. In recent years, the DOJ has successfully brought criminal and civil actions under the Sherman Act against foreign and ...

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