The Foreign Sovereign Immunities Act and Antitrust: A Hollow Promise
deKieffer, Donald E.
Abstract
Even when it has been "successfully" used, the FSIA has not been able to overcome any of the traditional substantive defenses used by foreign companies to insulate themselves from antitrust scrutiny. Foreign compulsion, sovereign immunity, and an act of state remain impregnable bastions to American plaintiffs injured by the effects of offshore conspiracies.