US Law Can't Cover Foreign Price-Fixing, 9th Circ. Hears

Law360, New York (February 12, 2013, 8:27 PM EST) -- A Berkeley international law expert urged the Ninth Circuit on Monday to overturn the price-fixing convictions of AU Optronics Corp. and two executives, arguing that U.S. antitrust law should not apply to wholly foreign activities.

The U.S. Supreme Court recently endorsed the so-called presumption against extraterritoriality in a case over federal securities law, University of California Berkeley law professor Andrew Guzman wrote in an amicus brief. And the justices' admonition that "when a statute gives no clear indication of an extraterritorial application, it has none" applies...
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