Empagran S.A. v. F. Hoffman-Laroche, Ltd.: DC Circuit Restricts Reach of US Antitrust Laws over Injuries Sustained in Foreign Commerce

摘要

On June 28, 2005, the US Court of Appeals for the District of Columbia issued an important opinion on the extraterritorial reach of the US antitrust laws in Empagran S.A. v. F. Hoffman-Laroche, Ltd. The court held, on remand from the Supreme Court, that plaintiffs injured outside US commerce cannot bring antitrust suits in US courts unless the US effects of the anticompetitive conduct at issue are the proximate cause of their injuries. The decision construes narrowly the circumstances under which plaintiffs may be able to sue in US courts for injuries suffered in foreign commerce.