Lowey Dannenberg Partners Publish Article Analyzing Foreign Trade Antitrust Improvements Act

Lowey Dannenberg’s Barbara J. Hart, Vincent Briganti and Geoffrey Horn published “Foreign Cartels & U.S. Courts: How the FTAIA Exceptions Apply,” in the August 2014 Corporate Livewire publication of Expert Guide: Competitions & Antitrust 2014.  The article discusses the congressional intent behind the Foreign Trade Antitrust Improvements Act (“FTAIA”) and two exceptions to the FTAIA bar against applying the Sherman Act where anticompetitive conduct causes only foreign injury.  The first exception, referred to as the “direct effects” exception, applies when the foreign conduct (1) has a direct, substantial, and reasonably foreseeable effect on U.S. commerce … and (2) has an effect of a kind that antitrust law considers harmful.  The second exception, the “import trade or import commerce” exception, applies when foreign conduct targets import goods or services. To access the full article, click here.

 

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