Nopec Goes Bananas: How the Supreme Court Will Thwart Congress's Attempt to Extend U.S. Antitrust Law's Extraterritorial Reach
Article from: OGEL 1 (2010), in Antitrust in the Energy Sector
Introduction
Assuming, arguendo, that the President would sign NOPEC into law, this paper explores the potential for its success in the American legal system. In the second part, the author describes things as they currently stand, explaining OPEC's motivations and effects, outlining current U.S. antitrust law and its applicability to extraterritorial cases, remarking on the Executive department's policy with regard to its dealings with OPEC, and discussing case history involving private lawsuits that allege anticompetitive conduct by OPEC. In the third part, the author presents a series ...