Law360, New York ( January 16, 2015, 11:05 AM EST) -- The Foreign Trade Antitrust Improvements Act[1] has confounded practitioners and courts alike for years. This past year brought long-anticipated decisions from the Second (Lotes),[2] Seventh (Motorola Mobility II)[3] and Ninth (Hsiung)[4] Circuits regarding four important issues: (1) whether the FTAIA is substantive or jurisdictional; (2) the scope of the exclusion for conduct affecting "import commerce"; (3) the appropriate standard for the "domestic effects" test; and (4) the increasing importance of the "gives rise to a claim" test. This article summarizes these recent circuit court opinions and offers some thoughts about issues to watch going forward....
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