Threats of foreign group boycotts of American industry made in response to U.S. government trade policy: illegal anticompetitive activity or protected lobbying under the Noerr-Pennington doctrine?

Article Abstract:

Group boycotts entered into by foreign companies in response to US trade policy may subject the foreign companies to attack under US antitrust laws. Foreign business might respond to such charges by claiming immunity for lobbying activities under the Noerr-Pennington doctrine, but the validity of that defense is suspect on a couple grounds. If the boycotting firms have intentionally avoided US jurisdiction, they may not be able to use the Noerr doctrine, since it is based in part on the First Amendment and right of petition. Group boycotts, while politically motivated, may not qualify as lobbying under the Noerr doctrine.

Regulation, Licensing, and Inspection of Miscellaneous Commercial Sectors, Antitrust Law, Laws, regulations and rules, Economic sanctions, Sanctions (International law), Lobbying, Boycotts, international

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The sinking of the United States electronics industry within Japanese patent pools

Article Abstract:

Japanese electronic companies have pooled their patents to gain dominance in the consumer electronics market of the US. One method of reprisal to this technique is an antitrust suit such as Go-Video Inc v. Matsushita Electric Industrial Co. However, the US electronics industry must improve its own development of products and technologies if it is to survive. The proposed four-pronged research and development initiative by the Commerce Dept may help.

Electronics industry, Intellectual property, Patent law

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United States v. Nippon Paper Co.: criminal application of the Sherman Act abroad

Article Abstract:

The author discusses a decision of the 1st Circuit Court of Appeals allowing the federal government to prosecute foreign antitrust offenders, even though the charged criminal acts took place outside the US. The possible impact of the Nippon Paper decision on international relations is assessed.

United States, International, Cases, Jurisdiction (International law)

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