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.
CLE On-Demand - Streaming Video
Includes recorded streaming video of full program plus PDF handouts.
On-demand is the only recorded format recognized for CLE credits in DE, IN, KS, LA, MS, NC, OH, OK, SC, TN, VA, WI.
AK, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IL, IN*, KS, KY, LA, ME, MN, MO, MT, NC, ND, NH**, NJ, NM, NV, NY, OH*, OK, OR, PA, SC, TN, TX, UT, VA, VT, WA, WI, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)
*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.
**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.
CLE On-Demand Video $297.00
Includes full event recording plus handouts.
Strafford is an approved provider and self-study CLE credit is available in most states.
AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)
Strafford will process CLE credit for one person on each recording.
Additional copies of a recording can be purchased at a discount. Please call Strafford Customer Service toll-free at 1-800-926-7926 ext 10 or email email@example.com to place your order.
Recorded Webinar Download $297.00
Recorded Audio Download (MP3) $297.00
DVD (Slide Presentation with Audio) $297.00 plus $9.45 S&H
Strafford webinars offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program). Please note that our webinars do not feature videos of the presenters.
Many states grant CLE credits for on-demand streaming audio programs and recorded events. Our programs are pre-approved in many states. Refer to our state CLE map for state-specific information.
The program was well organized and had knowledgeable speakers.
Alticor Inc. (Amway)
I felt the program topic was well presented within the short time limit.
The program was well organized and discussed the major issues.
Wolff & Samson
I liked that all of the important points were covered in a relatively short presentation, without a lot of fluff.
Good use of examples from the speakers' practices.
Davis Wright Tremaine
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
Strafford webinars are backed by our 100% Unconditional Money-Back Guarantee: if you are not satisfied with any of our products, simply let us know and get a full refund. For more information regarding complaints and refunds, please contact us at 1-800-926-7926 ext 10. Complaints regarding this program can be submitted via the course evaluation found in the “Thank you” e-mail at the end of the course.