International Law Outline

F. Hoffman LaRoche v. Empagran

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F. Hoffman LaRoche v. Empagran – SCOTUS – 2004 (372)

  1. Foreign purchaser brought suit for harm in foreign markets – not REASONABLE because would interfere with foreign nation’s ability to regulate

  • European alternative?

    1. Re Wood Pulp CartelECR – 1988 (373-75) – similar “implementation” test

      1. Consider where agreement intended to influence, not where agreement was made

        1. Effects – “direct and perceivable consequences of “conduct””

      2. Conduct includes not only principals, but subsidiaries and agents

      3. Conduct is two parts:

        1. Formation of agreement AND implementation

  • Boeing-McDonnell Douglas Merger

    1. 1996 – merger would combine last two commercial jet airplane manufacturers in US, and create world’s largest aerospace company, second largest defense supplier. Would be largest US exporter, and leading supplier to Pentagon and NASA. Only rival – Airbus. Owned by France, Germany, UK, and Spain.

      1. 1997 – notified US FTC and EC of merger, as required of any merger with “community dimension”

        1. If EC dislikes, company must offer remedies. Company can appeal adverse findings to ECJ.

      2. EC asserted authority to fine new company, and/or fine European companies that bought Boeing (thus, shutting it out of European markets). Particularly bothered by long-term sole-source contracts.

      3. FTC – acquisition wouldn’t affect competition or market.

    2. Nations worked out agreement (1997)

      1. Boeing doesn’t enforce exclusivity clauses in sole-source contracts with three large airlines, keep MDC’s commercial aircraft division separate for ten years, license technology it might get from MDC military contracts.

  • Progression of these antitrust issues:

    1. International groups of international lawyers/commissions

    2. Ships/industries themselves

    3. International law – becomes part of int’l convention

  • Jurisdiction over internet issues

    1. Serious jurisdictional issues – what makes online company present in jurisdiction? What about IP laws? If content is uploaded where it’s legal, but can be downloaded where It’s not, is the person who uploads liable?

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