comity of nations

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Timberlane Lumber Co. v. Bank of America, 549 F.2d 597 (9th Cir. 1976), noted that in the antitrust context, courts in certain instances will defer to foreign antitrust laws through the principle of comity of nations, even if that deference to foreign law will directly affect United States commerce. The court held that in addition to applying the effects test (which says that U.S. courts have jurisdiction to hear cases involving acts abroad as long as the acts’ effects are felt within the United States), there must also be consideration of comity of nations and international fairness: “The effects test by itself is incomplete because it fails to consider other nations’ interests. Nor does it expressly take into account the full nature of the relationship between the actors and this country…. [Courts must ask] whether the interests of, and links to, the United States—including the magnitude of the effects on American foreign commerce—are sufficiently strong, vis-à-vis those of other nations, to justify an assertion of extraterritorial authority….”