Penn State International Law Review


James G. Park


Historically, the United States has sought to impose its moralistic values extraterritorially. Our antitrust laws and the Foreign Corrupt Practices Act are two well-known examples. Thus, in making the determination to engage in investment in the United States, a foreign entity must consider not only the more publicized restrictions of the Sherman Act and the Clayton Act on its activity within the borders of this country, but also be concerned with the extraterritorial impact of the United States' antitrust laws and the extent to which the decision to invest in the United States may create exposire under United States antitrust laws with respect to other operations of the foreign investor conducted in other countries.

A foreign investor in the United States must also be aware of various restrictions placed on all companies soliciting business in the United States. A perfectly acceptable and customary practice abroad may here be held to be commercial bribery or the grant of an illegal commission.