The US Supreme Court rules that the Sherman Act does not apply to claims arising solely out of the foreign effect of a global cartel (Hoffman-LaRoche / Empagran)

As economic globalization marches on, one question that emerges repeatedly is how far the U.S. legal system can and should reach beyond its own borders. Answering that question has become particularly urgent in antitrust enforcement, as the effects of cartels and business practices increasingly exceed national boundaries, and the number of active antitrust enforcement regimes around the world proliferates. Fortunately, the United States Supreme Court has noticed. In two decisions during its most recent term, the Court made clear that (1) the reach of the U.S. antitrust laws, while long, does have limits, and (2) the use of U.S. discovery tools to assist foreign jurisdictions is permitted but only when appropriate after case-by-case review. In F. Hoffman-LaRoche Ltd. v. Empagran S.A.,

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  • Jones Day (Washington DC)

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Joe Sims, The US Supreme Court rules that the Sherman Act does not apply to claims arising solely out of the foreign effect of a global cartel (Hoffman-LaRoche / Empagran), 14 June 2004, e-Competitions Bulletin June 2004, Art. N° 33849

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