Appellate.net

 
home
about the group
appellate attorneys
briefs
docket reports
articles & treatises
oral arguments
news
appellate courts
search
contact
 
15 June 2004

Supreme Court Limits Overseas Scope of U.S. Antitrust Law
Mayer, Brown, Rowe & Maw LLP

15 June 2004, Washington, D.C. - In an 8-0 decision, the U.S. Supreme Court ruled in an international price-fixing case that federal antitrust law does not apply to transactions causing independent foreign harm that alone gives rise to a plaintiff's claim.

Mayer, Brown, Rowe & Maw LLP partner Stephen Shapiro argued the case, and partners Tyrone Fahner, Kenneth Geller, Andrew Marovitz, and Jeffrey Sarles also represented BASF Corporation in the case. The D.C. Circuit, in a divided opinion, previously had held that U.S. courts may adjudicate Sherman Act antitrust claims arising solely from the impact of anticompetitive conduct on foreign commerce.

The Supreme Court granted the certiorari petition filed by BASF Corporation and other vitamin manufacturers to decide whether foreign plaintiffs may bring a claim under the Sherman Act that arises solely from injury incurred in foreign commerce. With one Justice recused, the Court unanimously agreed with petitioners' arguments, holding that the Sherman Act is inapplicable to claims based on the effects of anticompetitive conduct on foreign plaintiffs that are independent of any adverse domestic effect. The Court explained that such suits were not authorized by Congress and would tend to undermine the competition laws of foreign sovereign countries.

(F. Hoffman-La Roche Ltd. v. Empagran, S.A)

The Reach of U.S. Antitrust Law Overseas Is Limited
New York Times, June 15, 2004 (Registration Required)
http://www.nytimes.com/2004/06/15/business/15bizcourt.html

Price-Fixing Suits Limited
Washington Post, June 15, 2004 (Registration Required)
http://www.washingtonpost.com/wp-dyn/articles/A42008-2004Jun14.html

High Court Limits Antitrust Scope
Wall Street Journal, June 15, 2004 (Subscription Required)
http://online.wsj.com

[ Go Back ]

 
 
© 2014. The Mayer Brown Practices. All rights reserved. --  Legal Notices | Attorney Advertising

Mayer Brown is a global legal services provider comprising legal practices that are separate entities (the “Mayer Brown Practices”). The Mayer Brown Practices are: Mayer Brown LLP and Mayer Brown Europe – Brussels LLP, both limited liability partnerships established in Illinois USA; Mayer Brown International LLP, a limited liability partnership incorporated in England and Wales (authorized and regulated by the Solicitors Regulation Authority and registered in England and Wales number OC 303359); Mayer Brown, a SELAS established in France; Mayer Brown JSM, a Hong Kong partnership and its associated entities in Asia; and Tauil & Chequer Advogados, a Brazilian law partnership with which Mayer Brown is associated. “Mayer Brown” and the Mayer Brown logo are the trademarks of the Mayer Brown Practices in their respective jurisdictions.