Dear Congress, Time For Another Look At FTAIA

Law360, New York (February 8, 2011, 2:22 PM EST) -- The Foreign Trade Antitrust Improvements Act of 1982 (FTAIA) was enacted in part to “clarify” the legal standard for determining U.S. jurisdiction over international transactions when those transactions are implicated in antitrust actions. With the enactment of the FTAIA, Congress intended to protect U.S. companies doing business abroad from being subject to U.S. antitrust laws when they are engaged in wholly foreign transactions that do not offend the law in the foreign jurisdiction and do not affect U.S. domestic commerce.

Far from bringing clarity to the...
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