1 / 12

The Irrepressible Empagran

53rd Spring Meeting of the ABA Section of Antitrust Law International Antitrust: Developments after Empagran and Intel March 31, 2005 Washington, D.C. The Irrepressible Empagran. Coming Soon to a Court Near You. Michael D. Hausfeld Cohen, Milstein, Hausfeld & Toll, P.L.L.C.

carlo
Télécharger la présentation

The Irrepressible Empagran

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. 53rd Spring Meeting of the ABA Section of Antitrust Law International Antitrust: Developments after Empagran and Intel March 31, 2005 Washington, D.C. The IrrepressibleEmpagran Coming Soon to a Court Near You Michael D. Hausfeld Cohen, Milstein, Hausfeld & Toll, P.L.L.C.

  2. Sniado v. Bank Austria AG United States v. LSL Biotechnologies • Insufficient factual allegations • Not a global cartel • Does not mention Empagran • No direct effect on U.S.

  3. The European Paradox* • In a reversal of previous European statements suggesting that extraterritorial prescriptive jurisdiction was contrary to international law, a UK court held that such use was not an illegitimate interference in the affairs of a foreign state. • It remains to be seen whether Member States will observe the inherent contradiction in condemning American antitrust extraterritoriality and extolling the European use of the same tactic. • Despite divergent economic, cultural, and legal traditions, the United States and Europe have a common interest in responding to the challenges posed by the globalization of economic activity. *See Alexander Layton & Angharad M. Parry, Extraterritorial Jurisdiction-European Responses, 26Houston Journal of International Law 2, 309 (2004).

  4. Dozens of recent EC and DOJ companion cartel investigations • Including the following: • Rubber Chemicals • EPDM • MCAA • Carbon Black • Plastic Additives • Polychloroprene • Publication Paper • Labelstock EC & DOJ Cartel Investigations

More Related