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.