Please Take A Seat — The FTAIA Is Not About Standing

Law360, New York (January 29, 2014, 12:43 PM EST) -- Despite years of discussion and analysis, the Foreign Trade Antitrust Improvements Act continues to unnecessarily confound very smart judges, government officials and private practitioners. And, by and large, the confusion is caused by courts and defendants trying to squeeze the square peg of the FTAIA into the round hole of standing analysis. Meanwhile, muddled court decisions continue to pile up, which only creates more confusion.

Many have written about the FTAIA, but few have focused on a few core concepts. First, the FTAIA determines which conduct...
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