Exposing Foreign Cos. To US Antitrust Litigation

Law360, New York (September 28, 2011, 3:06 PM EDT) -- For many years, foreign companies whose activities have only an indirect connection with the United States have enjoyed some measure of protection from being sued for alleged antitrust violations in U.S. courts by the Foreign Trade Antitrust Improvements Act (FTAIA). A recent decision by the U.S. Court of Appeals for the Third Circuit, however, has created uncertainty in what had seemed to be settled jurisprudence, and potentially exposes foreign companies to the jurisdiction of U.S. antitrust courts in a wider range of circumstances.

In Animal Science Products Inc. v. China Minmetals Corp. (3d Cir. Aug. 17, 2011), the Third Circuit overruled...

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