Foreign Trade Antitrust Improvements Act: When Do U.S. Antitrust Laws Apply to Foreign Conduct?

Navigating the Applicability of the FTAIA's "Effects Test" to the Purchase of Foreign Component Parts

Recording of a 90-minute CLE webinar with Q&A


Conducted on Thursday, June 22, 2017

Recorded event now available

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Program Materials

This CLE webinar will examine recent developments regarding the application of the FTAIA and the limits of the reach of U.S. antitrust laws to foreign conduct. The panel will discuss lingering questions for courts and antitrust counsel after recent and significant FTAIA court decisions and best practices for purchasers from global supply chains to minimize antitrust risks.

Description

Trial and appellate courts continue to wrestle with the proper application of the Foreign Trade Antitrust Improvements Act (FTAIA), focusing specifically on the law’s requirement that anti-competitive conduct occurring in foreign jurisdictions have a “direct, substantial, and reasonably foreseeable effect” on U.S. commerce in order to be targeted for government enforcement actions and private civil treble damage actions under the U.S. Sherman Act.

These court decisions create gray areas for counsel representing purchasers of component parts from global supply chains. Questions regarding the scope of the indirect purchaser rule, whether component parts should be purchased directly through U.S. corporations, and whether U.S. manufacturers should operate through foreign subsidiaries all come into play.

Listen as our authoritative panel discusses the growing body of FTAIA case law and the anticipated impact for businesses purchasing from global supply chains.

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Outline

  1. Recent FTAIA case law developments
  2. Current gray areas/open questions
  3. Best practices for purchasers from global supply chains to minimize antitrust risks

Benefits

The panel will review these and other key issues:

  • How have the various Courts of Appeals recently addressed the applicability of the FTAIA to foreign conduct? What gray areas do the rulings create for counsel?
  • When can purchasers of price-fixed component parts shipped into the U.S. pursue private civil treble damage actions under the U.S. Sherman Act?
  • What factors should U.S. manufacturers consider in deciding whether to operate through foreign subsidiaries and whether those subsidiaries should purchase component parts from foreign suppliers?

Faculty

Robert B. Bell
Robert B. Bell

Partner
Hughes Hubbard & Reed

Mr. Bell has wide experience securing antitrust clearance for mergers and acquisitions from both the DOJ and the...  |  Read More

Leon B. Greenfield
Leon B. Greenfield

Partner
Wilmer Cutler Pickering Hale and Dorr

Mr. Greenfield represents clients in complex antitrust-related matters and has represented clients in cutting edge...  |  Read More

Jeffrey S. Jacobovitz
Jeffrey S. Jacobovitz

Partner
Arnall Golden Gregory

Mr. Jacobovitz is Co-Chair of the firm’s Antitrust Group. He concentrates his practice in antitrust, white collar...  |  Read More

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