Foreign State Compulsion

A Primer on Foreign State Compulsion

Foreign state compulsion (also called foreign sovereign compulsion) is a doctrine allowing a U.S. court to excuse violations of U.S. law or moderate the sanctions imposed for such violations on the ground that they are compelled by foreign law. The doctrine arises most often when foreign law blocks compliance with U.S. discovery requests and in…

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Throwback Thursday: Hartford Fire Insurance Co. v. California

Thirty years ago next week, the Supreme Court addressed the extraterritorial reach of U.S. antitrust laws in Hartford Fire Insurance Co. v. California. The Court reiterated that the Sherman Act applies to anticompetitive conduct abroad that causes substantial intended effects in the United States, but it divided sharply over the role of “international comity.” Writing…

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Cert Petition Challenges Second Circuit’s Comity Abstention Doctrine

A cert petition filed with the Supreme Court on March 21, 2022 challenges the doctrine of prescriptive comity abstention.  The Second Circuit used this doctrine to reverse a $147 million antitrust judgment against Chinese companies for fixing the price of vitamin C sold into the United States. The Second Circuit’s decision relies on the kind…

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Ingrid (Wuerth) Brunk

Vanderbilt Law School
ingrid.wuerth@vanderbilt.eduEmail

William Dodge

George Washington University Law School
william.dodge@law.gwu.eduEmail

Maggie Gardner

Cornell Law School
mgardner@cornell.eduEmail

John F. Coyle

University of North Carolina School of Law
jfcoyle@email.unc.eduEmail

Zachary D. Clopton

Northwestern Pritzker School of Law
zclopton@law.northwestern.eduEmail

Robin Effron

Brooklyn Law School
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Scott Dodson

UC Law – San Francisco
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Aaron D. Simowitz

Willamette University College of Law
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Hannah Buxbaum

Indiana University Maurer School of Law
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Paul MacMahon

LSE Law School
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Satjit Singh Chhabra

Khaitan and Co
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Keshav Somani

Khaitan and Co.
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Kartikey Mahajan

Khaitan and Co.
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Paul B. Stephan

University of Virginia School of Law
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Caroline Spencer

Vanderbilt Law School
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