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Article: Importing plaintiffs: the extraterritorial scope of the Sherman Act after Empagran.
- Article from:
- Iowa Law Review
- Article date:
- January 1, 2006
- Author:
CopyrightCOPYRIGHT 2006 University of Iowa. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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ABSTRACT: Common law tests and statutes have attempted to establish a standard for American courts in determining when to assert subject matter jurisdiction over foreign plaintiffs with an antitrust injury. In F. Hoffmann-LaRoche, Ltd. v. Empagran S.A., the Supreme Court ruled that if the foreign plaintiffs' injury was independent from any injury in the United States, then the foreign plaintiffs' injury did not invoke subject matter jurisdiction.
Although hindering suits based on independent injuries, the Supreme Court left open the possibility of subject matter jurisdiction for injuries not independent of the American effects. This Note argues that when the goal ...