AUO Case Could Have Major Impact On Cartel Investigations

Samuel R. Miller, Esq.

Samuel R. Miller serves as an Independent Arbitrator and Mediator in complex commercial and intellectual property litigation. In over 40 years of practice, Mr. Miller has represented both plaintiffs and defendants in a wide range of complex cases, including antitrust, unfair competition, intellectual property, fraud, securities and derivative litigation, escrow services and title insurance claims, real estate-related litigation, banking and financial services litigation, employment litigation, and contract disputes. Mr. Miller has considerable trial experience, including civil and criminal jury trials, bench trials, arbitrations, and administrative hearings.

Appellate briefs were recently filed in the case of U.S. v. AU Optronics Corporation[1] pending before the United States Court of Appeals for the Ninth Circuit, which raise issues of critical importance in the prosecution of foreign cartel cases in the U.S.: (1) whether Section 1 of the Sherman Act[2] applies extraterritorially to price-fixing meetings that occurred outside of the United States; and, if so, under what circumstances; and (2) in criminal cases involving foreign price-fixing activities, should the “rule of reason” apply, or should the per se rule apply? The resolution of these issues could have a major impact on a number of current U.S. Department of Justice investigations and in civil cases involving international cartels.

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