A bill to amend the Sherman Act and the Clayton Act to modify the application of such Acts to international commerce.
Foreign Trade Antitrust Improvements Act of 1989 - Amends the Sherman Act to require the court in an antitrust action involving commerce with foreign nations to hear and determine a motion to dismiss the action for lack of subject matter jurisdiction before conducting any further proceedings.
Amends the Clayton Act to require a court to dismiss any antitrust action involving foreign commerce whenever it determines that the exercise of jurisdiction would be unreasonable based on: (1) the relative significance to the alleged violation of conduct with the United States as compared to conduct abroad; (2) the nationality of the persons involved in, or affected by, the conduct; (3) the presence or absence of a purpose to affect U.S. consumers or competitors; (4) the relative significance and foreseeability of the effects of the conduct on the United States as compared with the effects abroad; (5) the existence of reasonable expectations that would be furthered or defeated by the action; and (6) the degree of conflict with foreign law or articulated foreign economic policies. Requires the court to hear and determine a motion to dismiss on such ground before conducting any further proceedings. Prohibits the court from considering the effect on the foreign political relations of the United States of any action sought to be dismissed.
Declares that the doctrine of forum non conveniens (providing that a court dismiss a case that should be tried in another more convenient and appropriate forum) shall be applicable in any antitrust action involving foreign commerce.
Introduced in Senate
Read twice and referred to the Committee on Judiciary.
Referred to Subcommittee on Antitrust, Monopolies and Business.
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