Sunday, May 22, 2005

Comment on In re MSG litigation

Dr. Hanno Kaiser has an interesting comment on the federal district court's recent decision in the MSG case.  The decision is the first to apply the Supreme Court's decision in Empagran last Summer to find that US federal courts have jurisdiction over an international cartel when there are effects on the domestic market.  As Dr. Kaiser points out, the Supreme Court's decision in the Empagran inelegantly balanced the need for comity with the need to combat cartels that have affects on domestic markets.  The MSG decision provides a nice model of how to apply the Supreme Court test.

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