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Antitrust Provisions FTAIA

Sheppard Mullin Richter & Hampton LLP

Navigating Dangerous Shoals: The Murky but Critical Territorial Boundaries of U.S. Antitrust Jurisdiction

Virtually all significant antitrust cases these days have an international component. Markets now are worldwide. Consequently, one of the most frequently litigated—and most important issues—is the extent of U.S. jurisdiction....more

Orrick, Herrington & Sutcliffe LLP

Antitrust/Competition/Foreign Trade Antitrust Improvements Act (FTAIA) - The World in U.S. Courts: Winter 2019

FTAIA Satisfied by Alleged Collusive Manipulation in Australia of a Global Pricing Benchmark Used in Pricing Derivatives Where “Substantial Quantities” of Affected Derivatives Transactions Occurred in the US....more

Orrick, Herrington & Sutcliffe LLP

Antitrust/Competition/Foreign Trade Antitrust Improvements Act (FTAIA)/Federal Trade Commission (FTC) Act - The World in U.S....

FTAIA Does Not Block Antitrust Claims Based on Sales of Finished Products Containing Price-Fixed Component to US Customers - In re Capacitors Antitrust Litigation, US District Court for the Northern District of California,...more

Orrick, Herrington & Sutcliffe LLP

Antitrust/Competition/Foreign Trade Antitrust Improvements Act (FTAIA) - The World in US Courts: Spring 2018

FTAIA Precludes Claim Based Allegedly Anticompetitive Conduct in Canada Despite Argument That Conduct Weakened Competition in the US....more

Proskauer - Minding Your Business

Does What Happens Outside the U.S. Stay Outside the U.S.?

As the economy continues to globalize, so too does the reach of antitrust law. Two recent cases illustrate the interaction between international trade and U.S. antitrust law: Biocad v. F. Hoffman-La-Roche Ltd. and In re...more

Orrick, Herrington & Sutcliffe LLP

The World in US Courts: Orrick's Quarterly Review of Decisions Applying US Law to Global Business and Cross-Border Activities

Alien Tort Statute (ATS)/Political Question Doctrine/Foreign Sovereign Immunity Act (FSIA)/ Act of State Doctrine - District Court Dismisses ATS Claim Where Alleged Conduct in US was not Directly Linked to Injuries...more

WilmerHale

Facelift for Two Millennials: DOJ and FTC Update Guidelines for IP Licensing and International Enforcement

WilmerHale on

More than 21 years ago, the US antitrust agencies issued guidance to the business community on two critical topics of antitrust enforcement: (1) the licensing of intellectual property rights and (2) international enforcement...more

Morrison & Foerster LLP

DOJ and FTC Release Updated Antitrust Guidelines for International Enforcement and Cooperation

On January 13, 2017, the Department of Justice Antitrust Division (DOJ) and the Federal Trade Commission (the “Agencies”) issued updated Antitrust Guidelines for International Enforcement and Cooperation (“International...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Agencies Release Updated Guidelines for IP Licensing and International Enforcement and Cooperation"

On January 13, 2017, the U.S. Department of Justice Antitrust Division (DOJ) and the Federal Trade Commission (FTC) (collectively, the Agencies) issued revised Antitrust Guidelines for the Licensing of Intellectual Property...more

Orrick, Herrington & Sutcliffe LLP

The World in US Courts: Orrick's Quarterly Review of Decisions Applying US Law to Global Business and Cross-Border Activities

Alien Tort Statute (ATS)/Torture Victims Protection Act (TVPA)/Anti-Terrorism Act (ATA) - District Court Dismisses ATS Claim Where Alleged Conduct in US Was Not Directly Linked to Injuries Claimed in Other Countries - ...more

Womble Bond Dickinson

Motorola and the Extraterritorial Application of US Antitrust Laws to Foreign Component Price Fixing Cartels

Womble Bond Dickinson on

Last month the Supreme Court declined to accept an appeal for two related antitrust cases involving an international price-fixing cartel. The cases come from different circuits, one was criminal and the other civil, but they...more

Parker Poe Adams & Bernstein LLP

Supreme Court Denies Review Regarding Question of the Reach of the Antitrust Laws to Foreign Price-Fixing Agreements

In response to petitions presented to the United States Supreme Court for review of two rulings by the Ninth and Seventh Circuit Courts of Appeals, the United States Supreme Court denied cert earlier this week regarding the...more

Patterson Belknap Webb & Tyler LLP

Supreme Court Surprises the Antitrust World with Denial of Cert in Motorola and AU Optronics

Today the United States Supreme Court denied certiorari in two cases, Motorola Mobility LLC v. AU Optronics et al. and Hsiung and AU Optronics Corp. America Inc. v. United States, declining to resolve a closely watched...more

Patterson Belknap Webb & Tyler LLP

AU Optronics Files Petition for Certiorari with SCOTUS

AU Optronics Corp. (“AUO”) filed a petition for a writ of certiori in Hui Hsiung, et al. v. United States of America on March 16, 2015, seeking Supreme Court review of the Ninth Circuit’s 2014 decision that upheld the...more

McDermott Will & Emery

Supreme Court Asked to Clarify the Reach of U.S. Antitrust Laws to Foreign Conduct

McDermott Will & Emery on

On March 16, 2015, AU Optronics Corporation America Inc. (AU Optronics) and Motorola Mobility LLC separately asked the U.S. Supreme Court to clarify the Foreign Trade Antitrust Improvements Act (FTAIA) and the extent to which...more

McDermott Will & Emery

Seventh Circuit Denies Rehearing in LCD Price-Fixing Suit by Motorola

McDermott Will & Emery on

On January 12, the Seventh Circuit Court of Appeals refused Motorola Mobility LLC’s petition for a rehearing en banc of its price-fixing claims against foreign manufacturers of liquid crystal display (LCD) panels. Motorola...more

Foley & Lardner LLP

International Cartel Sales to Global Supply Chains Raise U.S. Antitrust Issues

Foley & Lardner LLP on

In a widely awaited opinion, the Seventh U.S. Circuit Court of Appeals in Chicago has issued an opinion which affects the scope of government enforcement actions and which purchasers may pursue private civil treble damage...more

Foley & Lardner LLP

Protection Against Foreign Anticompetitive Automotive Supply Chain Practices Affecting U.S. Activities

Foley & Lardner LLP on

Automotive industry participants may face increased costs and risk from wholly foreign anticompetitive activities far upstream in their global supply chain. Antitrust laws, like the Sherman Act, protect American markets from...more

Orrick, Herrington & Sutcliffe LLP

The World in US Courts: Spring 2014: Orrick's Quarterly Review of Decisions Applying US Law to Global Business and Cross-Border...

The Global law firm Orrick, Herrington & Sutcliffe LLP takes great pride in announcing the Spring 2014 edition of The World in US Courts: Orrick’s Quarterly Review of Decisions Applying US Law To Global Business and...more

McDermott Will & Emery

FTAIA and Foreign Sales: Seventh Circuit Limits Extraterritorial Reach of U.S. Antitrust Law in Motorola Mobility v. AU Optronics

On March 27, 2014, in Motorola Mobility LLC v. AU Optronics Corp., the Seventh Circuit set precedent in the growing body of law interpreting the Foreign Trade Antitrust Improvements Act (FTAIA). Judge Posner held that the...more

Orrick, Herrington & Sutcliffe LLP

Orrick's Antitrust and Competition Newsletter - April 2014

Shanghai High People’s Court Rules That Resale Price Maintenance Agreement Constitutes Monopolistic Agreement - The Shanghai High People’s Court recently made available its Aug. 1, 2013 final judgment overruling the...more

Morrison & Foerster LLP

Motorola Mobility LLC v. AU Optronics Corp.: Seventh Circuit Clarifies Reach of U.S. Antitrust Law to Foreign Commerce

A recent decision from the Seventh Circuit, Motorola v. AU Optronics Corp., provided much-needed clarification on the scope of the Foreign Trade Antitrust Improvements Act (“FTAIA”). Specifically, the court’s decision...more

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