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

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.


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.


  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


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?


Robert B. Bell, Partner
Hughes Hubbard & Reed, Washington, D.C.

Mr. Bell has wide experience securing antitrust clearance for mergers and acquisitions from both the DOJ and the FTC and in representing companies and individuals in criminal and civil antitrust matters. He also regularly counsels clients on matters involving antitrust litigation and provides antitrust counseling on issues ranging from competitor collaborations to vertical distribution arrangements.

Leon B. Greenfield, Partner
Wilmer Cutler Pickering Hale and Dorr, Washington, D.C.

Mr. Greenfield represents clients in complex antitrust-related matters and has represented clients in cutting edge Section 2 litigation and agency matters. He has secured antitrust clearance for major acquisitions, litigated cases in federal and state court and counseled clients on many types of antitrust issues. Many of his recent matters have involved complex issues relating to monopolization allegations. He also has broad experience in matters outside the antitrust area, including securities regulatory matters and litigation and complex business litigation.

Jeffrey S. Jacobovitz, Partner
Arnall Golden Gregory, Washington, D.C.

Mr. Jacobovitz is Co-Chair of the firm’s Antitrust Group. He concentrates his practice in antitrust, white collar criminal defense, and complex civil litigation, including more than 40 criminal and civil jury trials as first chair and 15 appellate arguments nationwide. Mr. Jacobovitz is currently the Vice Chair of the ABA’s Federal Civil Enforcement Committee of the Antitrust Section and a former attorney with the FTC. 


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Antitrust Law Advisory Board

Clifford H. Aronson


Skadden Arps Slate Meagher & Flom

W. Joseph Bruckner


Lockridge Grindal Nauen

Gregory J. Casas


Greenberg Traurig

David B. Goroff


Foley & Lardner

Allen P. Grunes

Co-Founder and Attorney

The Konkurrenz Group

Robert N. Kaplan


Kaplan Fox & Kilsheimer

Christopher J. Kelly


Mayer Brown

James J. Long


Briggs and Morgan

Milton Marquis


Cozen O'Connor

Janet L. McDavid


Hogan Lovells

Kevin D. McDonald


Jones Day

Daniel F. McInnis


Thompson Hine

Saul P. Morgenstern


Kaye Scholer

Douglas Rosenthal


Constantine | Cannon

M. Sean Royall


Gibson Dunn & Crutcher

Joseph J. Tabacco, Jr.


Berman DeValerio

Douglas M. Tween



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