US ANTITRUST LIMITED

The US Supreme Court has put a limit on the reach of US antitrust law outside the US reports the New York Times. In an 8 to 0 decision, the court held that Sherman Antitrust Act only covers effects of behaviour that are felt abroad if the defendant’s behaviour that caused these effects took place in the US. The case clarifies that where the behaviour in question took place outside the US AND its effects are felt outside the US, the Sherman Act will not apply. This ruling was made in the context of a private lawsuit concerning alleged price-fixing by companies in Australia, Ecuador, Panama and Ukraine on behalf of purchasers of the products produced by those companies who were based outside the US.

The IPKat says that the possible extra-territorial reach of US antitrust law should be of interest to EU IPR holders, as well as those in the US so that they know if the way they use their rights are likely to offend against US antitrust law. This case though makes a conflict between IPR holders outside the US and US antitrust enforcement a little less likely.

Sherman Act here and here
US ANTITRUST LIMITED US ANTITRUST LIMITED Reviewed by Unknown on Thursday, June 17, 2004 Rating: 5

No comments:

All comments must be moderated by a member of the IPKat team before they appear on the blog. Comments will not be allowed if the contravene the IPKat policy that readers' comments should not be obscene or defamatory; they should not consist of ad hominem attacks on members of the blog team or other comment-posters and they should make a constructive contribution to the discussion of the post on which they purport to comment.

It is also the IPKat policy that comments should not be made completely anonymously, and users should use a consistent name or pseudonym (which should not itself be defamatory or obscene, or that of another real person), either in the "identity" field, or at the beginning of the comment. Current practice is to, however, allow a limited number of comments that contravene this policy, provided that the comment has a high degree of relevance and the comment chain does not become too difficult to follow.

Learn more here: http://ipkitten.blogspot.com/p/want-to-complain.html

Powered by Blogger.