Expanding The Extraterritorial Reach Of US Antitrust Law

Law360, New York (June 28, 2012, 1:33 PM EDT) -- On June 27, the Seventh Circuit in Minn-Chem v. Agrium Inc., (7th Cir. 2012), in a unanimous en banc decision authored by Judge Diane Wood, substantially narrowed the application of the Foreign Trade Antitrust Improvements Act. The FTAIA limits the reach of the United States antitrust laws to claims involving: (1) purely domestic commerce, (2) import commerce or (3) conduct that has a “direct, substantial and foreseeable” effect on U.S. commerce that “gives rise” to a Sherman Act claim. In the 30 years since it was...
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