The Comity of Empagran: The Supreme Court Decides that Foreign Competition Regulation Limits American Antitrust Jurisdiction over International Cartels

In 2004, the U.S. Supreme Court determined that the amorphous doctrine of comity between nations limited the reach of U.S. antitrust laws where an international cartel had a direct, substantial and foreseeable effect on U.S. commerce (as the statute provided) but where damages were suffered in foreign markets only. The Article challenges the reasoning of the majority, arguing that so limiting the reach of the antitrust laws is not only inconsistent with the statute\u27s intent, but ultimately removes an important source of cartel deterrent