Timberlane Lumber Company, et al. v. Bank Of America, N.T. and S.A., et al.

Abstract

International law in general — International comity — Antitrust proceedings — Extraterritorial jurisdiction — Need to balance interests of United States and those of other countries — The law of the United States

Jurisdiction — In general — Territorial — Extraterritorial jurisdiction — Antitrust laws — When applicable to acts performed outside United States — Effects doctrine — Whether effects upon United States commerce sole consideration in determining jurisdiction — Need to balance interests of United States and those of other nations — Comity — Judicial restraint — The law of the United States

States as international persons — In general — Recognition of acts of foreign States and governments — Act of State doctrine — Nature of act of State — Court order — Whether order of court made at request of private party an act of State — Defendants allegedly conspiring to obtain court order — Government and officials of foreign State not object of criticism in action — Antitrust action — Jurisdiction — Extraterritorial jurisdiction — Effects doctrine — Whether effects upon United States commerce sole consideration in determining jurisdiction — Judicial restraint — Need to balance interests of United States and those of other nations — Comity — The law of the United States