Mannington Mills Inc. v. Congoleum Corporation

Abstract

International law in general — Relation to municipal law — Treaties — Status as part of United States law — Whether conferring rights of action upon individuals in absence of legislation — The law of the United States

International law in general — International comity — Duty of court to take account of comity in deciding whether to assert extraterritorial jurisdiction — Antitrust actions — 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 and scope of — Distinction between cases involving private rights alone and cases with public interest element — Antitrust proceedings — Whether grant of patent by foreign State an act of State — Defence of foreign sovereign compulsion — The law of the United States

Jurisdiction — In general — Territorial and Personal — Personal jurisdiction Over nationals abroad — Antitrust proceedings — Whether United States antitrust laws applicable to acts of United States nationals abroad — International comity — Duty of court to take account of comity in deciding whether to assert extraterritorial jurisdiction — The law of the United States

Jurisdiction — In general — Territorial and personal — Over territory in general — Territorial limits of jurisdiction — United States antitrust law — Whether applicable to acts of United States nationals abroad — Whether applicable to any conduct having direct and substantial effect upon United States commerce — International comity and judicial restraint — Relevance in determining whether to assert extraterritorial jurisdiction — Duty of court to balance United States and foreign interests — Public interest element in antitrust — Act of State doctrine — Foreign sovereign compulsion — Whether grant of patent an act of State — Nature and scope of act of State doctrine — Treaties — Status in United States law — Whether conferring rights of action upon individuals — Whether implementing legislation necessary — The law of the United States