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Restrictive Trade Practices And The Extraterritorial Application Of U.S. Antitrust And Trade Legislation, Mark A.A. Warner
Restrictive Trade Practices And The Extraterritorial Application Of U.S. Antitrust And Trade Legislation, Mark A.A. Warner
Northwestern Journal of International Law & Business
The Japan-U.S. economic relationship has been marked by tremendous friction and misunderstanding. These tensions have given rise in the past to the extraterritorial application of U.S. trade and antitrust laws to perceived public and private restrictive trade practices. In this paper, I will review the U.S. approach to the extraterritorial application of trade and antitrust laws, particularly as they apply to Japan. I will conclude that although formal coercion has given way to more bilateral negotiations, demands will grow for a return to the more aggressive U.S. posture of the past unless meaningful and effective market access is achieved. I …