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Hoffman-Laroche v. Empagran

Close Date: 06/14/2004
Topic(s): Qualified Immunity and Sovereign Immunity
Status: closed
Citation: U.S. Sup Ct. 03-725
Date Of Involvement: 03/15/2004
Docket: 03-724

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This case presented the question of whether, under the Foreign Trade Antitrust Improvements Act of 1982, Sherman Act claims apply to the effects of foreign price-fixing schemes if those schemes do not have domestic effects?

In the Supreme Court, Public Citizen filed an amicus brief arguing that the legislative history of the Foreign Trade Antitrust Improvements Act indicated that Congress intended to hold cartels liable for all effects of their anticompetitive conduct, whether foreign or domestic. Public Citizen urged the Court to affirm the decision below, but the Court reversed, holding that the Act only covers effects on domestic markets.