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...
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.