Throwback Thursday: International Association of Machinists v. OPEC
In 1978, the International Association of Machinists (IAM), a labor union, sued OPEC and its member countries for violating U.S. antitrust law by operating a cartel. The district court held that OPEC countries were immune from suit under the Foreign Sovereign Immunities Act (FSIA). On appeal the Ninth Circuit affirmed the district court’s dismissal on…
Continue ReadingSecond Circuit Rejects Act of State Doctrine in Antitrust Case
In a recent decision, Celestin v. Caribbean Air Mail, Inc., the Second Circuit held that the act of state doctrine does not bar U.S. antitrust claims based on the acts of a foreign government. Although the Second Circuit is right, its decision diverges from the decisions of other circuits that have applied the doctrine as…
Continue ReadingThrowback Thursday: Ralf Michaels on Empagran’s Empire
Ralf Michaels’ brief book chapter on F. Hoffman-La Roche Ltd. v. Empagran S.A. fundamentally changed my understanding of that case—as well as my understanding of the Supreme Court’s recent approach to transnational cases more generally. Empagran seems like a sleeper of a case, a short opinion about yet another transnational antitrust class action. But from…
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