American University International Law Review Volume 6 | Issue 3 Article 5 1991 Consolidated Gold Fields, PLC v. Minorco, S.A.: The Growing Over-Extension of United States Antitrust Law Jacqueline B. Berman Follow this and additional works at: http://digitalcommons.wcl.american.edu/auilr Part of the International Law Commons Recommended Citation Berman, Jacqueline B. "Consolidated Gold Fields, PLC v. Minorco, S.A.: The Growing Over-Extension of United States Antitrust Law." American University International Law Review 6, no. 3 (1991): 399-433. This Article is brought to you for free and open access by the Washington College of Law Journals & Law Reviews at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in American University International Law Review by an authorized administrator of Digital Commons @ American University Washington College of Law. For more information, please contact
[email protected]. NOTE CONSOLIDATED GOLD FIELDS, PLC V. MINORCO, S.A.: THE GROWING OVER-EXTENSION OF UNITED STATES ANTITRUST LAW Jacqueline B. Berman* INTRODUCTION As the number of antitrust cases grows, so does the United States judiciary's application and expansion of antitrust law. The Second Cir- cuit's decision in ConsolidatedGold Fields, PLC v. Minorco, S.A.' is a prime example of this expansion. In this case, the Second Circuit used inapplicable antitrust principles to gain jurisdiction over a foreign merger. The case, in which a British target company attempted to stop a Luxembourg-based company's hostile takeover,2 raises important an- * J.D. Candidate, 1992, Washington College of Law, The American University. 1.