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Popofsky and Biagioli Explore the Criminal Extraterritoriality of the Sherman Act in Competition Policy International

Washington, D.C.-based litigation partner Mark Popofsky and associate Anthony Biagioli published an article in the August 2011 issue of Competition Policy International entitled “The Sherman Act’s Criminal Extraterritorial Reach: Unresolved Questions Raised By United States v. AU Optronics Corp.” In their article, the authors explain that the Antitrust Division’s ongoing case against AU Optronics involving the TFT-LCD cartel presents a rare occasion for courts to grapple with unresolved questions respecting the territorial scope of the Sherman Act in a criminal context. Among other things, Popofsky and Biagioli explain, the case raises whether the government in an international cartel case must charge intent substantially to affect U.S. commerce, whether a judge or jury must decide that issue at trial, and which of several possible jurisdictional tests apply to conduct that is partially foreign and partially domestic.

This is the second article on cutting-edge issues raised by United States v. AU Optronics Corp. published by this team. Click here to read the text of an article titled "Restraining Liberty before a Verdict is in Sight" published in the May issue of Global Competition Review.
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