News / Resources

Washington, D.C., partner Lee Simowitz authored the annual supplement for the book, "Foreign Commerce and the Antitrust Laws" (Aspen Publishers, 5th ed. 1996).

Simowitz, a regular contributor to the publication, has prepared its annual cumulative supplement since the passing of the publication's author in 2001, former Baker Hostetler partner, Bill Fugate.

The publication offers analysis of how the U.S. antitrust laws affect companies' abilities to import and export goods, invest in foreign companies, and enter into joint ventures and other trading arrangements. It provides in depth discussion of current statutory and case law, as well as expert analysis of the latest developments.

Simowtiz's supplement brings readers up to date on the latest issues and developments, including:

• Courts continued to examine the ramifications under the Foreign Trade Antitrust Improvements Act of attempts by foreign antitrust plaintiffs to recover damages for foreign injuries in U.S. courts.
• A district court applied the act of state doctrine to block an antitrust case against oil companies who had allegedly cooperated with OPEC to limit crude oil production on a worldwide basis.
• A district court rejected the threshold defense of foreign sovereign compulsion against allegations that Chinese companies had engaged in cartel activity with regard to U.S. imports.
• A magistrate judge refused to allow plaintiffs alleging price fixing among air cargo companies to assert claims under European Union law in a U.S. court.
• Significant new decisions considered whether U.S. courts can exercise personal jurisdiction over foreign individual defendants in antitrust cases, and whether U.S. plaintiffs can compel discovery of documents located in other countries.