OBSERVATIONS AT THE QUINCEAÑERO OF INTEL CORP. V. AMD, INC. ON INTERNATIONAL COMITY IN DOMESTIC DISCOVERY FOR FOREIGN ANTITRUST MATTERS.

Courts that exercise comity doctrines have no way of communicating with foreign counterparts on any Of the issues other than through their decisions. Assuming a foreign court wants to cooperate (a very big, undefended assumption), how often or carefully does it pay attention to what other nations' courts are doing? Assuming it pays attention and cares, how does it identify an act of restraint by the U.S. court, and how will it know how to reciprocate? Unless the parties to a cooperative scheme have a clear sense of what counts as cooperation and what counts as defection, the scheme will break down if the parties are rational. [ABSTRACT FROM AUTHOR]