Fresh Lessons On The FTAIA Foreign Commerce Exclusion

Law360, New York (October 7, 2011, 12:49 PM EDT) -- Two recent decisions have reaffirmed the reach of U.S. antitrust law to conduct in foreign commerce if it involves imports or has a direct, substantial and reasonably foreseeable effect on U.S. domestic commerce, while at the same time requiring that claims be pled with sufficient specificity and plausibility to meet the requirements of the U.S. Foreign Trade Antitrust Improvements Act (“FTAIA”):[1]

In the Magnesite case,[2] involving claims that Chinese producers fixed prices of product exported to the United States, the Third Circuit reversed a lower court...
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