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A recent article in Corporate Counsel (click here) highlights an uncomfortable truth: the United States government continues to push the territorial reach of its criminal antitrust laws beyond its domestic borders. This focus has resulted in efforts to bring non-U.S. citizens to face civil and criminal charges in the United  States.

 

The article notes that the Department of Justice has recently brought actions against foreign  defendants under U.S. antitrust laws in a variety of circumstances,  including:

  • Indicting a Japanese citizen who allegedly met with colleagues in the U.S.  and Japan to discuss bids, quotes, sales, supply allocations and price approvals  in connection with fixing the price of items for sale to U.S. companies and  elsewhere.
  • Indicting a Japanese corporation with engaging in a conspiracy to fix  prices, rig bids and allocate the supply of radiators sold to U.S. auto  manufacturers, including participation in meetings on bids to be submitted in  the U.S.
  • Convincing a jury to convict a Taiwanese LCD manufacturer and a number of  its executives of engaging in fixing the price of LCD panels (which were sold in  the U.S.), when defendants and company employees at the individual defendants’  directions secretly and regularly met at hotels and restaurants in Taiwan with  other LCD manufacturers to fix the prices of LCD panel. The defendants and the  other LCD manufacturers further instructed their U.S.-based employees to discuss  and share pricing information.
  • Obtaining guilty pleas from Japanese freight forwarders for conspiring to  impose certain freight forwarding service fees for cargo shipped from Japan to  the U.S. The companies came to agreement as to the rates and held meetings and  discussions for the purpose of monitoring and enforcement of the  fees.

 

Interested? Read the article for a detailed analysis of: (1) the scope of activity regulated under U.S. antitrust law; and (2) entities and person subject to U.S. jurisdiction for violating antitrust laws.  

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