Law Commons^™

Matsushita V. Zenith: Sovereign Compulsion And Conspiracy Go Out Before The Trial Goes On, Michael K. Sweig

Penn State International Law Review

This Article suggests that the Foreign Sovereign Immunities Act and its commercial activities exception adequately answer questions that pre-FSIA courts had used the sovereign compulsion doctrine to solve. Recent Supreme Court case law indicates that application of the sovereign compulsion defense in foreign antitrust litigation requires the precise analysis required and already provided for by the commercial activities exception to FSIA.