ASHINGTON,
June 14 - The Supreme Court ruled Monday in a closely watched international
price-fixing case that federal antitrust law does not apply to transactions
that take place overseas and that cause harm there unless a company's
actions in the United States can be shown to have contributed to the harm.
The decision, 8 to 0, overturned a ruling last year by the United States
Court of Appeals for the District of Columbia Circuit that had caused
considerable alarm among multinational corporations and foreign governments
by significantly expanding the reach of American antitrust law and the
jurisdiction of the federal courts to hear such cases.
The Bush administration had urged the justices to overturn the appeals
court's ruling, which came in a suit by foreign customers of vitamin
manufacturers and distributors that were the subjects of a United States
investigation in the late 1990's into international price-fixing. That
investigation led to guilty pleas and to the biggest criminal fine, $500
million, ever obtained by the Justice Department, in addition to heavy civil
penalties imposed by the European Union and several foreign governments.
The case before the Supreme Court on Monday was a private lawsuit seeking
triple damages against the same defendants. It was brought by five companies
in Australia, Ecuador, Panama and Ukraine as a class action on behalf of
overseas purchasers who use vitamins in a range of commercial applications,
like animal feed and additions to breakfast cereal. Stalled by the issue of
jurisdiction, the private lawsuit has not yet gone to trial.
Writing for the court, Justice Stephen G. Breyer said that the Sherman
Antitrust Act does not cover the foreign effects of anticompetitive conduct
unless the defendants' domestic behavior can be shown to have contributed to
those effects.
In this case, F. Hoffmann-LaRoche Ltd. v. Empagran S.A., No. 03-724, the
five foreign plaintiffs contended that the companies' ability to raise
prices in the United States did in fact contribute to antitrust injury
abroad. Their lawyer, Thomas C. Goldstein, said in an interview Monday that
his clients consequently could meet the Supreme Court's new test as the case
goes forward.
Because the court of appeals did not address the question of domestic
effects, Justice Breyer said the Supreme Court could not consider it at this
stage. The case now returns to the appeals court.
Stephen A. Bokat, senior vice president and general counsel of the United
States Chamber of Commerce, said the decision was a "very positive
development" in its campaign against what it calls "global forum shopping."
The decision interpreted a 1982 law, an amendment to the Sherman Act
called the Foreign Trade Antitrust Improvement Act. While it generally
provides that federal antitrust law will not apply to foreign trade or
commerce, it contains an exception for conduct that has a "direct,
substantial, and reasonably foreseeable effect" on domestic commerce.
"Where the plaintiff's claim rests solely on the independent foreign
harm," that exception does not apply, Justice Breyer said. Justice Sandra
Day O'Connor did not participate in the case.
Canada, Germany and Japan filed briefs warning the court that application
of United States antitrust law would interfere with foreign governments'
efforts to regulate their own markets. The Bush administration's brief on
the same side was signed both by the usual contingent of Justice Department
lawyers and by the State Department's principal legal adviser, William H.
Taft IV.