Why The Supreme Court Refused To Hear The FTAIA Appeals

Law360, New York (June 16, 2015, 10:22 AM EDT) -- The U.S. Supreme Court has put an end to Motorola Mobility LLC’s attempt to reinstate a $3.5 billion price-fixing damage case against the TFT-LCD cartel and AU Optronics Corp.’s bid to overturn criminal convictions for participating in the same cartel. The Supreme Court decision not to take the appeals also puts an end to, or at least slows down, the barrage of articles by antitrust lawyers analyzing the cases. But, here’s one more.

I wrote a blog post in April venturing an opinion that the Supreme Court would not take cert in either of the cases.[1] Both cases involved application of...

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