Navigating Dangerous Shoals: The Murky But Critical Territorial Boundaries Of U.S. Antitrust Jurisdiction

Author:Ms Bevin M.B. Newman and James L. McGinnis
Profession:Sheppard Mullin Richter & Hampton

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. Which sales are subject to trebling in a U.S. court? Which sales must be pursued elsewhere? Frequently, the key statute is the Foreign Trade Antitrust Improvements Act (FTAIA). The resulting litigation, unfortunately, has not resulted in clear rules or signposts. And, the cases are highly fact-specific. The facts matter.

Our attached chapter in Global Competition Review's recently published Private Litigation...

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