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 Tuesday, February 24, 2015
Recorded event now available
This CLE webinar will examine recent developments regarding the application of the Foreign Trade Antitrust Improvements Act (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.
During 2014, three U.S. Courts of Appeal issued rulings interpreting the 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.
The 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.
- Recent FTAIA case law developments
- Current grey areas/open questions
- Best practices for purchasers from global supply chains to minimize antitrust risks
The panel will review these and other key questions:
- How have the various Courts of Appeal 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?
W. Joseph Bruckner, Partner
Lockridge Grindal Nauen,
Mr. Bruckner practices in complex business litigation in federal and state courts nationwide, and is regularly appointed lead or co-lead plaintiffs' class counsel by courts in nationwide antitrust litigation. He is an Advisory Board Member of the American Antitrust Institute and a past chair of the Minnesota State Bar Association Antitrust Law Section. He is a co-author of The International Handbook on Private Enforcement of Competition Law, and Private Enforcement of Antitrust Laws in the United States.
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 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 Civil Practice and Procedure Committee of the Antitrust Section and a former attorney with the FTC.
Daniel Schaefer, Esq.
Mr. Schaefer’s practice involves a wide range of civil litigation matters. He represents corporate plaintiffs in complex antitrust litigation as well as plaintiffs and defendants in commercial litigation matters in state and federal courts. Mr. Schaefer also serves clients in government investigations and reviews of M&As. He counsels clients on pre-merger notification compliance, both domestically under the Hart-Scott-Rodino Act and internationally, and on the antitrust implications of their business activities.
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Antitrust Law Advisory Board
Skadden Arps Slate Meagher & Flom
Fenwick & West
Lockridge Grindal Nauen
Foley & Lardner
Kaplan Fox & Kilsheimer
Briggs and Morgan
Akin Gump Strauss Hauer & Feld
Latham & Watkins
Constantine | Cannon
Gibson Dunn & Crutcher
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