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Abe Fortas, prior to his elevation to the U.S. Supreme Court, opined that “Antitrust is as deeply imbedded in the American scene as baseball, bourbon whiskey, and aspirin. It is the principal — to some extent the only — structure of the U.S. economy.” See C. Evan Stewart & Piero Tozzi, “Enforcement in the Millennium — Back to the Future, or Forward Into the Past?,” BNA Mergers & Acquisitions L. Rep. 222 (Feb. 26, 2001). When Fortas offered that opinion, antitrust jurisprudence, regulation and enforcement were pretty much American enterprises exclusively. Today, however, other countries have their own antitrust jurisprudence, regulation and enforcement. The challenge for businesses (and for the lawyers who counsel them) is to navigate in, among and between antitrust regimes throughout the world, a number of which have different/disparate policy goals and agendas.

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