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ARTICLE · 14 JANUARY 2004

Supreme Court Docket Report, October Term, 2003 – Number 6

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On December 15, 2003, the Supreme Court granted certiorari in two cases of potential interest to the business community, including one case in which Mayer, Brown, Rowe & Maw LLP represents one of the petitioners.

United StatesLitigation, Mediation & Arbitration
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By Richard B. Katskee (Washington)

On December 15, 2003, the Supreme Court granted certiorari in two cases of potential interest to the business community, including one case in which Mayer, Brown, Rowe & Maw LLP represents one of the petitioners. Amicus briefs in support of the petitioners are due on Thursday, January 29, 2004, and amicus briefs in support of the respondents are due on Thursday, March 4, 2004.

1. Antitrust

- Extraterritorial Reach of the Sherman Act. The Court granted review in F. Hoffmann-La Roche Ltd. v. Empagran, S.A., No. 03-724, to decide whether U.S. antitrust law provides a remedy for injuries not incurred in U.S. commerce.

The Sherman Act prohibits restraints of trade or commerce within the United States or with foreign nations. 15 U.S.C. § 1. In 1982, Congress clarified the Sherman Act’s extraterritorial scope by enacting the Foreign Trade Antitrust Improvements Act, 15 U.S.C. § 6a ("FTAIA"). The FTAIA states that the antitrust laws shall not apply to

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