Jurisdiction of the American courts under the Sherman Act' has been extended to certain activities which take place outside of the United States. Such an extension is required by the inclusion of a for- eign commerce provision in the antitrust laws that states that restraints of trade or attempts to monopolize "among the several states, or with foreign nations" are violations of U.S. law. The exact reach of the Sherman Act to activities that take place within foreign nations or that involve foreign law is not clear. United States courts, however, generally have taken jurisdiction over foreign activities only when those activities affect U.S. foreign commerce. A single standard for determining the degree of the effects necessary before American courts will acknowledge jurisdiction never has been clearly articulated.
Walter S. Weinberg,
Mannington Mills, Inc. v. Congoleum Corp.: A Further Step Toward a Complete Subject Matter Jurisdiction Test,
Nw. J. Int'l L. & Bus.