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UNITED STATES DISTRICT COURT DISTRICT OF MAINE

IN R E NEW M OTOR V EHICLES CANADIAN E XPORT A NTITRUST L ITIGATION

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MDL DOCKET NO. 1532

MEMORANDUM DECISION AND ORDER ON DEFENDANTS' MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION

In this opinion I conclude that section 12 of the Clayton Act permits worldwide service of process upon alien corporate defendants in antitrust cases, and that the Fifth Amendment measures the constitutional adequacy of contacts by such defendants according to their contacts with the United States as a whole. I. SUMMARY New motor vehicle purchasers and lessees claim that American and Canadian car manufacturers, distributors, dealers (although not named as defendants) and dealer associations conspired to prevent a discount distribution channel from operating in the United States--specifically, that cheaper Canadian versions of various models were prohibited entry into the American market. They maintain that the conspiracy violated section 1 of the Sherman Act, 15 U.S.C.

Download MDL1532_2004_03_04.ORDER4.pdf

Maine Law