Document Type
Article
Publication Date
2005
Abstract
In 2004, the U.S. Supreme Court determined that the amorphous doctrine of "comity between nations" limited the reach of U.S. antitrust laws where an international cartel had a direct, substantial and foreseeable effect on U.S. commerce (as the statute provided) but where damages were suffered in foreign markets only. The Article challenges the reasoning of the majority, arguing that so limiting the reach of the antitrust laws is not only inconsistent with the statute's intent, but ultimately removes an important source of cartel deterrent.
Recommended Citation
46 Harv. Int'l L.J. 279 (2005).