Eric L. Gilioli


The far reach of United States antitrust laws has been a source of considerable irritation to many allies of the United States. There is a proceeding by the Commission of the European Communities against International Business Machines Corporation (IBM). IBM has argued that the Commission must use a balancing test of state interests when deciding the case. However, this would involve changing the EEC's methods of evaluating its jurisdiction over conduct abroad. This Comment discusses whether such a change is desireable by 1) examing the principle as it evolved in the United States, 2) the EEC's current practice in such matters and 3) the pertinent rules of international law.