Re: POL: Reaction to Microsoft Ruling

From: Zero Powers (
Date: Wed Apr 12 2000 - 00:50:02 MDT

>From: "Michael S. Lorrey" <>
>Zero Powers wrote:
> >
> > >From: Charlie Stross <>
> > >
> > >On Mon, Apr 10, 2000 at 08:26:45AM -0400, Michael S. Lorrey wrote:
> > > >
> > > > Not so. Foreign companies cannot have anti-trust actions brought
> > > > them, only US based companies can be charged with such 'crimes'.
> >
> > Not quite. The reason I posted the link to the statute was so you could
> > read it for yourself. If you had you would have known that there is
> > in the act which limits it to companies "based" in the US. I'll try
> >
> >
> >
> > The short answer is, as long as a company's actions restrain "trade or
> > commerce in any Territory of the United States" (regardless of where the
> > company is based, they will be subject to the act.
>Literally by your intepretation, yes, however the US has never brought
>an anti-trust suit against a foreign company.

Wrong again. The US sues foreign companies *all the time* under the Sherman
Act. The first time it was done successfully was way back in 1945 in the
case of US v. Alcoa (148 F.2d 416). Alcoa was a Canadian corporation which
was sued for acts committed *entirely* outside the borders of the US. As
long as your business has a sufficient impact on trade in the US, it simply
doesn't matter where you are based or where you do business. There is
really no dispute about it.


"I like dreams of the future better than the history of the past"
--Thomas Jefferson

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