Hartford Fire Insurance Co and Others v. California and Others Merrett Underwriting Agency Management Limited and Others v. California and Others

Abstract

Jurisdiction — Territorial — Extraterritorial effect of legislation — United States Congress — Whether Congress possessing the authority to enforce its laws outside United States — Presumption against extraterritorial effect — Whether presumption to be strictly applied — Evidence of clear Congressional intention needed to rebut presumption — Antitrust legislation — Whether applicable to acts performed by non-United States nationals abroad — Requirement that acts having substantial effect in United States — Whether substantial effects test sole consideration in determining jurisdiction — Principles of international comity — Relevance in determining whether courts should assert extraterritorial jurisdiction

Comity — Jurisdictional conflict — Duty of court to balance United States and foreign interests — United States antitrust laws — Extraterritorial application — Whether comity requiring United States courts to construe antitrust laws so as not to have extraterritorial effect — Whether principles of comity only applicable when foreign and United States laws in direct conflict

Relationship of international law and municipal law — Interpretation of legislation — Presumption that Congress did not intend to legislate in a manner contrary to international law — Antitrust legislation — Whether in conformity with principles of international comity

Economics, trade and finance — United States antitrust legislation — Whether applicable to acts performed outside the United States by non-United States nationals — Substantial effects test — Principles of international comity — Relevance — The law of the United States