Industrial Investment Development Corp. v. Mitsui & Co.
United States Court of Appeals for the Fifth Circuit
671 F.2d 876 (1982)
- Written by David Bloom, JD
Facts
An American company, Industrial Investment Development Corporation (Industrial Investment) (plaintiff), filed an antitrust suit against a Japanese importer, Mitsui & Co., Ltd. (Mitsui-Japan), and its American subsidiary, Mitsui & Co. (U.S.A.), Inc. (Mitsui-USA) (the coconspirators) (defendants). Industrial Investment claimed that it had been kept out of the business for harvesting trees in Indonesia and had been prevented from exporting logs and lumber from Indonesia to the United States by the coconspirators in violation of the Sherman Act. There was evidence that Mitsui-USA bought up most of the allowed forest products in Indonesia and sold them to Mitsui-Japan for export to Japan at a substantial profit, effectively creating monopoly and shutting out Industrial Investment from the market. The coconspirators moved for summary judgment dismissing the action on the ground that the alleged conduct was beyond the extraterritorial scope of the Sherman Act. The district court granted the motion, and Industrial Investment appealed.
Rule of Law
Issue
Holding and Reasoning (Reavley, J.)
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