Using The Clayton Act To Disentangle The FTAIA

Law360, New York (February 10, 2012, 1:40 PM ET) -- My computer recently stopped working. When I pressed the power button, nothing happened. I banged the keys. I pressed Ctrl-Alt-Delete. Then I called the help desk.

“Is it plugged in?” the representative asked. It was not.

Sometimes we overlook the most obvious solutions to problems. That is true in the law as well, as evidenced by years of unsuccessful attempts to interpret and apply the Foreign Trade Antitrust Improvements Act (FTAIA), a statute passed in 1982 to amend the Sherman Act and “clarify” its extraterritorial reach....
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