This advanced, practice-focused seminar examines the extraterritorial application of U.S. antitrust laws and how they regulate global competition. U.S. antitrust enforcement—primarily under the Sherman Act, Clayton Act, and related statutes—extends far beyond domestic markets, targeting foreign conduct that affects U.S. commerce.
The course focuses on how lawyers advise multinational corporations, financial institutions, and executives navigating cross-border competition risks. Students will analyze doctrines such as the “effects test,” jurisdictional limits, comity, and enforcement coordination with foreign regulators. The seminar also explores cartel enforcement, merger review, digital market regulation, and private litigation involving foreign conduct.
The course treats extraterritorial antitrust as a high-stakes global practice area, where legal doctrine intersects with economic policy, geopolitics, and corporate strategy.
This course assumes prior study of antitrust law, international law, or business law.
Course Objectives
By the end of the course, students should be able to:
1. Understand how U.S. antitrust laws apply to foreign conduct.
2. Analyze jurisdictional doctrines governing extraterritorial enforcement.
3. Evaluate cartel and merger risks in global markets.
4. Assess compliance obligations for multinational corporations.
5. Understand coordination between U.S. and foreign regulators.
6. Analyze enforcement trends and penalties.
7. Structure transactions to mitigate antitrust exposure.
8. Navigate conflicts between competing legal regimes.
9. Develop litigation and defense strategies.
10. Apply doctrine to real-world cross-border competition issues.
