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Document Type

Article

Disciplines

International Law

Abstract

International trade and investment have significantly expanded since World War II and economic conduct increasingly shows international patterns. Similarly, the need for governmental regulation of economic behavior has increased. As a result of both developments, governments have applied their national laws to economic conduct occurring outside of their borders in a vast variety of economic regulation.' These jurisdictional claims by nation states often create conflicts with the laws and policies of a foreign nation which are commonly described as "extraterritoriality conflicts."

No field of economic regulation has raised more severe conflicts than the application of national antitrust laws to international trade. 3 The rigorous application by the United States of its antitrust laws in extraterritorial contexts has created the most severe opposition by foreign countries. Private antitrust actions became the principal source of such conflicts.

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