The right of victims of competition law breaches to sue for
compensation in foreign courts is dictated by rules on jurisdiction.
The Empagran case involved vitamin suppliers that had been involved in
a global price-fixing and market-sharking conspiracy. A class of both
domestic and foreign victims brought lawsuits in the US. The question
of the right of the foreign victims to sue in the States has been the
object of a lengthy legal battle, with a US Court of Appeal
contributing the latest instalment. The court has decided that a
foreign claimant, who made purchases outside the US economy, can not
claim in a US court merely because high price fixing took place in the
US. The court rejected the argument that "but-for" the US price fixing,
high prices would not have been maintainable in foreign markets. A more
direct causative link is required in order for a US court to have
jurisdiction.

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