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UC Law SF International Law Review

Abstract

This Article proposes that the nature of the product and service, including the importance to the country’s industry and consumers and the level of government regulation, should be closely considered for analyzing international comity and deciding the scope of remedies in antitrust cases. These factors should be considered in addition to the effect in the relevant market when determining whether there is an extraterritorial application of antitrust law under the Foreign Trade Antitrust Improvements Act. Specifically, the nature of the product and service, including the importance to the country’s industry and consumers and the level of government regulation, should be considered for analyzing international comity and deciding the scope of remedies in antitrust cases by observing the following: (1) how the product and service are produced or introduced in the country, (2) how the product and service are supplied to consumers in the country, and (3) how the product and service contribute to the country’s economy and employment rate. For the analysis of international comity, the relevant countries should include the country where the antitrust proceeding at issue is taking place, which could result in the extraterritorial application of antitrust law, and the other countries whose interests may be affected by the extraterritorial application. The level of government regulation and antitrust exemptions in other countries should also be considered in analyzing international comity and deciding the scope of remedies in antitrust cases. The proposals in this Article would help achieve antitrust law’s goals to promote competition and protect consumers.

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