Turbulence — FTAIA And Air Transportation Claims

Law360, New York (June 16, 2011, 2:05 PM EDT) -- Few statutes have induced more brow-furrowing among judges and lawyers than the Foreign Trade Antitrust Improvements Act (“FTAIA”) of 1982, 15 U.S.C. § 6a, which establishes a test to be applied by courts to determine whether they have subject matter jurisdiction over Sherman Act claims arising from foreign trade or commerce. Recently, several district courts have struggled to apply the FTAIA — and, in particular, its “import commerce” exception — to cartel claims arising in the air transportation sector.

The decisions in those cases highlight the...
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