Has the Board, Fruitgrowers Federation or Oppenheimer Violated the United States Antitrust Laws?
As previously mentioned, the United States antitrust laws apply to foreign activity with an effect on U.S. commerce. But not all such conduct is held to be within their scope. In determining whether challenged foreign activity is within the purview of the U.S. antitrust laws, an United States court will consider: the effect on the activity on U.S. commerce; the unlawfulness of the activity under U.S. law; whether active supervision by a foreign state pursuant to a clearly articulated policy should displace U.S. antitrust scrutiny; whether political action is the source of the anticompetitive activity; whether foreign law required that activity, and if so, then whose law should prevail. The following sections will discuss the application of each of these considerations to the anticompetitive activities of the Board, Fruitgrowers Federation and Oppenheimer.
