Portée extraterritoriale du sherman act : perspectives après l'épilogue de l'affaire du cartel des vitamines

In this paper we analyse the conditions under which non American firms, victims of international cartels, can claim damages in the United States. In its 2004 decision on the vitamins cartel, the United States Supreme Court decided that foreign firms can introduce a civil suit in the United States only if the alleged damage is related to the American market. In 2005 the District Court of Columbia has ruled that damages incurred abroad cannot be compensated under american antitrust law unless they are directly caused by the American cartel prices. The paper puts in perspective those decisions in the light of the positions expressed by the various stockholders such as the U.S. Department of Justice, foreign governments, and business representatives. The paper asks whether those judicial decisions are consistent with the fight against international cartels which is the priority of the U.S. Department of Justice.