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S. 397

Foreign Trade Antitrust Improvements Act of 1985

(Reported to Senate from the Committee on the Judiciary with amendment (without written report))

Title I: Foreign Trade Antitrust Improvements - Foreign Trade Antitrust Improvements Act of 1985 - 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 of competitors; (4) the relative significance and foreseeability of the effects of the conduct on the United States as compared with the affects 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 futher 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.

Title II: Javits Commission - Javits Commission on the Extraterritorial Application of United States Law Act - Establishes the Javits Commission on the Extraterritorial Application of United States Law. Designates the Attorney General of the United States as Commission Chairman. Directs the President to designate the Legal Adviser of the Department of State as Vice Chairman.

Directs the Commission to: (1) conduct a study of, and make recommendations concerning, the extraterritorial application of the laws of the United States, the applicable rules of court, related statutes, administrative procedures, and their applications, their consequences, and their interpretation by the courts and Federal agencies; (2) make periodic reports to the President and the Congress on its activities; and (3) submit to the President and the Congress within one year after its first meeting a final report containing its findings and its recommendations for any administrative, judicial, and legislative action.

Terminates the Commission 60 days after it submits its final report. Authorizes appropriations.

Placed on Senate Legislative Calendar under General Orders. Calendar No. 1091.

Sen. DeConcini, Dennis [D-AZ](D-AZ)Sponsor
1committees11actions1amendments15subjects
  1. Calendars

    Placed on Senate Legislative Calendar under General Orders. Calendar No. 1091.

  2. Committee

    Committee on Judiciary. Reported to Senate by Senator Thurmond with amendments. Without written report.

    Judiciary Committee
  3. Committee14000

    Committee on Judiciary. Reported to Senate by Senator Thurmond with amendments. Without written report.

    Judiciary Committee
  4. Committee

    Committee on Judiciary. Ordered to be reported with amendments favorably.

    Judiciary Committee
  5. Committee

    Committee on Judiciary received executive comment from Department of Justice.

    Judiciary Committee
  6. Committee

    Committee on Judiciary. Hearings concluded. Hearings printed: S.Hrg. 99-579.

    Judiciary Committee
  7. Committee

    Committee on Judiciary received executive comment from Federal Trade Commission.

    Judiciary Committee
  8. Committee

    Committee on Judiciary. Hearings held.

    Judiciary Committee
  9. Committee

    Committee on Judiciary requested executive comment from Justice Department, Commerce Department, Federal Trade Commission.

    Judiciary Committee
  10. IntroReferral

    Read twice and referred to the Committee on Judiciary.

    Judiciary Committee
  11. IntroReferral10000

    Introduced in Senate

Oct 8, 198601
(Reported to Senate from the Committee on the Judiciary with amendment (without written report))

Title I: Foreign Trade Antitrust Improvements - Foreign Trade Antitrust Improvements Act of 1985 - 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 of competitors; (4) the relative significance and foreseeability of the effects of the conduct on the United States as compared with the affects 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 futher 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.

Title II: Javits Commission - Javits Commission on the Extraterritorial Application of United States Law Act - Establishes the Javits Commission on the Extraterritorial Application of United States Law. Designates the Attorney General of the United States as Commission Chairman. Directs the President to designate the Legal Adviser of the Department of State as Vice Chairman.

Directs the Commission to: (1) conduct a study of, and make recommendations concerning, the extraterritorial application of the laws of the United States, the applicable rules of court, related statutes, administrative procedures, and their applications, their consequences, and their interpretation by the courts and Federal agencies; (2) make periodic reports to the President and the Congress on its activities; and (3) submit to the President and the Congress within one year after its first meeting a final report containing its findings and its recommendations for any administrative, judicial, and legislative action.

Terminates the Commission 60 days after it submits its final report. Authorizes appropriations.

Feb 6, 198500

Foreign Trade Antitrust Improvements Act of 1985 - Amends the Sherman Act to require the judge 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 interests of the United States served by the action are outweighed by the interests of foreign nations adversely affected by the action. Requires a court to hear and determine a motion to dismiss for interference with foreign national interests before conducting any further proceedings in an action.

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.

Limits the amount of damages recoverable by a person or State on a claim in an antitrust action involving foreign commerce (currently treble damages) to actual damages or total damage and the cost of the suit, if the court determines that: (1) such claim would adversely and substantially affect the interests of a foreign nation; and (2) such adverse effect would be substantially reduced if the claim were so limited. Requires a court to hear and determine a motion to limit damages before conducting any further proceedings in an action.

Foreign Trade Antitrust Improvements Act of 1985 — Informed