This article analyzes the conflict between the United States and the United Kingdom regarding the extraterritorial application of American antitrust laws. It begins by presenting a history of the dispute and then describes how that dispute culminated in a judicial battle in the Laker Airways litigation.
The article recognizes, however, that the question of extraterritorial application of United States antitrust laws is too political in nature to be determined in the judicial arena. Indeed, recent attempts by United States courts to balance United States and foreign interests have done nothing to assuage Britain's aversion toward American antitrust laws. This article therefore discusses the need for a bilateral antitrust treaty between the United States and Great Britain and recommends specific provisions to be included in that treaty.
Mark P. Barbolak, Laker Airways: Recognizing the Need for a United States-United Kingdom Antitrust Treaty, 4 Penn St. Int'l L. Rev. 39 (1985).