Foreign Trade Antitrust Improvements Act of 1986

Summary

Foreign Trade Antitrust Improvements Act of 1986 - Amends the Sherman Act to require the court in an antitrust action involving commerce with foreign nations, except for good cause shown, to hear and determine a motion to dismiss the action for lack of subject matter jurisdiction before conducting or permitting the parties to conduct further proceedings. Amends the Clayton Act to require a court to dismiss any antitrust action involving foreign commerce whenever it determines that the exercise of jurisdiction would be unreasonable in light of the following exclusive factors: (1) the relative significance of conduct within the United States compared to conduct abroad; (2) the nationality of the parties and the principal place of business of the corporations; (3) the presence of a purpose to affect United States consumers or competitors; (4) the relative significance and foreseeability of the effects of the conduct on the United States compared to the effects abroad; (5) the existence of reasonable expectations that would be furthered or defeated by the action; and (6) the degree of conflict with foreign law. Directs the court to hear and determine any motion to dismiss on such basis before conducting further proceedings. Declares that the doctrine of forum non conveniens (providing that a court dismiss a case that should be tried in another more convenient and appropriate forum) shall be applicable in any antitrust action involving foreign commerce.

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1 official file

• Introduced in Senate

  summary · EN · 7 March 1986

  Open at official source

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