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The Irrepressible Empagran

53rd Spring Meeting of the ABA Section of Antitrust Law International Antitrust: Developments after Empagran and Intel March 31, 2005 Washington, D.C. The Irrepressible Empagran. Coming Soon to a Court Near You. Michael D. Hausfeld Cohen, Milstein, Hausfeld & Toll, P.L.L.C.

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The Irrepressible Empagran

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  1. 53rd Spring Meeting of the ABA Section of Antitrust Law International Antitrust: Developments after Empagran and Intel March 31, 2005 Washington, D.C. The IrrepressibleEmpagran Coming Soon to a Court Near You Michael D. Hausfeld Cohen, Milstein, Hausfeld & Toll, P.L.L.C.

  2. Sniado v. Bank Austria AG United States v. LSL Biotechnologies • Insufficient factual allegations • Not a global cartel • Does not mention Empagran • No direct effect on U.S.

  3. The European Paradox* • In a reversal of previous European statements suggesting that extraterritorial prescriptive jurisdiction was contrary to international law, a UK court held that such use was not an illegitimate interference in the affairs of a foreign state. • It remains to be seen whether Member States will observe the inherent contradiction in condemning American antitrust extraterritoriality and extolling the European use of the same tactic. • Despite divergent economic, cultural, and legal traditions, the United States and Europe have a common interest in responding to the challenges posed by the globalization of economic activity. *See Alexander Layton & Angharad M. Parry, Extraterritorial Jurisdiction-European Responses, 26Houston Journal of International Law 2, 309 (2004).

  4. Dozens of recent EC and DOJ companion cartel investigations • Including the following: • Rubber Chemicals • EPDM • MCAA • Carbon Black • Plastic Additives • Polychloroprene • Publication Paper • Labelstock EC & DOJ Cartel Investigations

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