The Sherman Act’s Increasingly Long Arm

Law360, New York (April 11, 2012, 12:37 PM EDT) -- As competition has become more global in nature, so too has the focus of U.S. antitrust enforcement. The U.S. Department of Justice’s No. 1 enforcement priority is to discover, punish and deter international cartels that harm U.S. consumers. Private antitrust litigation in the United States is also increasingly focused on conduct straddling national borders.

The Foreign Trade Antitrust Improvements Act of 1982 (FTAIA), 15 U.S.C. § 6a, limits the extraterritorial reach of the U.S. antitrust laws by excluding from its purview all foreign conduct except for...
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