Plaintiffs' Failure To Satisfy FTAIA's "Two-Step Dance" Results In Dismissal Of Foreign Purchase Claims


On March 31, 2010, a Federal District Court barred two direct purchasers of hydrogen peroxide and derivative products (“Plaintiffs”) from pursuing antitrust damages arising from their foreign product purchases, because Plaintiffs’ allegations failed to satisfy the two-step proximate cause requirement of the Foreign Trade Antitrust Improvements Act of 1982 (“FTAIA”). See In re Hydrogen Peroxide Antitrust Litigation, No. 2:05-cv-00666-SD (E.D. Pa. March 31, 2010) (“Hydrogen Peroxide”).

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