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FTAIA Compliance In A Post-Twombly World

Law360 (February 3, 2009, 12:00 AM EST) -- Enacted in 1982, the Foreign Trade Antitrust Improvements Act, 15 U.S.C. § 6a (“FTAIA”), attempted to clarify essentially judge-made limitations on the applicability of the Sherman Act to foreign commerce.

Besides adding a measure of clarity, the central purpose of the FTAIA was to protect American exporters and to ensure that they are not unfairly subject to restrictions to which other competitors in the international marketplace are not.

Thus, the legislation erects barriers to claims involving foreign commerce asserted by foreign plaintiffs against domestic defendants. But,...
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