Extraterritoriality and Input Cartels: Life in the Global Value Lane—The Collision Course with Empagran and How to Avert It

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Eleanor Fox, Sep 17, 2014

There is a looming danger that judge-made exceptions from U.S. antitrust law for foreign conduct are swallowing the proscriptions of the Sherman Act against modern-style international cartels. The danger has raised its head in the context of input cartels and, in particular, in the case of Motorola Mobility v. AU Optronics in the Seventh Circuit and its sister cases in other circuits. The danger stems fr