Diane P. Wood


It is no accident that many of the most provocative disputes about the allocation of jurisdiction among nations have arisen in antitrust cases.' Because antitrust regulates the competitive process, and because competition itself never remains neatly within the boundaries of individual countries, the inevitable result is that more than one nation can and does assert the right to prescribe mandatory rules of conduct. This in turn leads to a pressing need to develop rules for the resolution of those jurisdictional conflicts, a need made even more urgent by the absence of a choice of law solution to the problem in which the courts of state A would simply apply the competition law of state B in appropriate cases.