Discuss the basic U.S. rule for evaluating whether monopolistic action under the Sherman Act is violated by acts affecting U.S. imports where the anticompetitive conduct occurs offshore, but the adverse impact is felt in the United States. When, if ever, is conflicting law between a foreign country and the U.S. a defense?
The Sherman Act will apply to conduct by foreign partners in a foreign nation when (1) the intent of the parties is to affect commerce within the United States and (2) their conduct actually affects commerce in the United States. Defendants cannot defend such conduct by arguing that applicable foreign law conflicts with U.S. law unless their compliance with the laws of both countries is impossible.
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