Abstract

After World War II, there was a push for economic integration to promote growth and prevent conflict. Multinational corporations became key players, but their mobility and links to different countries created legal challenges, with nations seeking to assert their laws and policies over foreign entities. U.S. courts’ efforts to compel compliance with antitrust laws abroad can lead to conflicts with foreign jurisdictions, especially concerning the disclosure of evidence held by foreign entities. The “effects doctrine” allows U.S. antitrust laws to be applied to foreign conduct if they have intended economic effects in the U.S. Subsequent cases refined this doctrine, considering factors with foreign laws and their impact on U.S. commerce.

This thesis examines the challenges and developments in transnational discovery within the extraterritorial application of American antitrust laws. It addresses the complexities of enforcing antitrust laws across borders, particularly due to the global nature of modern business and the conflicting economic policies of different nations. It explores the historical background, legal framework, and evolving practices related to transnational discovery, focusing on the United States aggressive enforcement of its antitrust laws beyond its border. The extraterritorial application of U.S. antitrust laws has been a source of contention with other nations, who view it as an unwelcome intrusion into their sovereignty. The thesis discusses the various legal principles and tests used to determine the reach of the U.S. antitrust laws, including the effect doctrine, which considers the economic impact of foreign conduct on U.S. commerce. It also examines the jurisdictional challenges in antitrust cases, including subject matter jurisdiction and personal jurisdiction over foreign entities. It assesses the current state of transactional discovery in U.S. antitrust cases and the prospect for future developments. Furthermore, it highlights the importance of international cooperation and the need for a balanced approach to transnational antitrust enforcement that respects the sovereignty of all nations involved.

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