Law360, New York (August 7, 2012, 1:34 PM EDT) -- An en banc panel of the Seventh Circuit Court of Appeals held in Minn-Chem Inc. et al., v. Agrium Inc., et al. that the Foreign Trade Antitrust Improvements Act relates to the merits of an antitrust claim, rather than to the subject-matter jurisdiction of a court. The court's decision, which overrules a 2003 decision by the same court, removes a jurisdictional barrier to plaintiffs challenging foreign conduct in U.S. courts, and clarifies the scope of the FTAIA.
This decision eases the burden on plaintiffs alleging that foreign conduct violates U.S. law and can be challenged in U.S. courts, and will likely...
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