The U.S. Can Be an 'Inconvenient' Place to Litigate Antitrust and RICO Claims
Highlights
With federal courts increasingly deciding cases involving foreign conduct, at times involving antitrust laws or RICO conduct, it is worth considering, “Are there ties sufficient to bind a case to an American courthouse?”
On June 30, the FTC and the Antitrust Division of the DOJ issued new Vertical Merger Guidelines to outline how federal agencies should evaluate the impact of such distribution levels
With such evaluation, the agencies will be on the lookout for vertical mergers that could injure competition in relevant markets
Perhaps as a result of globalization, courts in the United States are often asked to hear cases under U.S. law that involve some level of foreign conduct. A threshold question is, for example, whether U.S. antitrust law or the Racketeer Influenced and Corrupt Organizations Act (RICO) reaches that conduct, which might be considered a price-fixing conspiracy or a fraudulent investment scheme.
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