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Boon for International Business Community
In a boon for the international business community, which had anxiously awaited the decision in the drug price-fixing case F. Hoffmann-La Roche Ltd. v. Empagran S.A., the U.S. Supreme Court held on June 14 that the Sherman Anti-Trust and Clayton Acts cannot be invoked by foreign individuals or entities to redress injuries suffered due to anti-competitive conduct when the price-fixing conduct complained of adversely affects customers inside and outside the United States, but the adverse foreign effect is independent of any adverse domestic effect. F. Hoffmann-La Roche Ltd. v. Empagran S.A., No. 03-724, 2004 U.S. LEXIS 4174; 72 U.S.L.W. 4501 (6/14/04).
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