Sherman Act can apply to criminal antitrust actions taken entirely outside the country, if theswe actions have foreseeable, substantial effect on U.S. commerce

Article Abstract:

The novel issue raised by US v. Nippon Paper Industries was whether was whether the jurisdictional application of the Sherman Act should be more limited for criminal actions. The district court ruling was in favor of limiting the Sherman Act reach based on a general presumption against extraterritoriality of federal laws and a concern about sufficient notice to foreign defendants of the potential criminality of their conduct. The US Court of Appeals for the 1st Circuit agreed that there is such a presumption, but ruled that it had been overcome in the civil area and there was not enough reason for a different application in criminal cases.

Conspiracy

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A recent circuit court decision may impair labor's ability to sue multiemployer bargaining units pursuant to the Sherman Act

Article Abstract:

A ruling by the DC Circuit Court of Appeals unbalances the relationship between organized labor and management by upholding the latter's antitrust immunity but giving labor no benefit from collective bargaining. The ruling, in Brown v Pro Football, found that after a collective bargaining agreement expires, so does non-statutory exemption regarding any mandatory bargaining subject that results in an impasse. The ruling encourages union members to decertify their union and pursue antitrust lawsuits individually.

Labor law, Collective bargaining unit

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Ninth Circuit upholds Kodak's liability for monopolizing the 'aftermarket' servicing of its equipment but vacates some damages and modifies injunction

Article Abstract:

The scope of aftermarket servicing agreements was further limited by the Ninth Circuit when it affirmed a District Court ruling that held Kodak liable for damages for monopolizing the market for servicing its photocopier and micrographic equipment. The Supreme Court is likely to have the opportunity to evaluate the application of this ruling.

Photographic equipment and supplies, Photocopy Equipment, Photographic and Photocopying Equipment Manufacturing, Photocopier Parts, Micrographic Processors, Photocopiers, Eastman Kodak Co., Western States, EK, Repair services industry, Repair services, Micrographics equipment

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