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.

Description

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.

Outline

  1. Recent FTAIA case law developments
  2. Current grey 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 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?

Faculty

W. Joseph Bruckner, Partner
Lockridge Grindal Nauen, Minneapolis

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, 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 Civil Practice and Procedure Committee of the Antitrust Section and a former attorney with the FTC. 

Daniel Schaefer, Esq.
Dickstein Shapiro, Washington, D.C.

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

Clifford H. Aronson

Partner

Skadden Arps Slate Meagher & Flom

Tyler A. Baker

Partner

Fenwick & West

W. Joseph Bruckner

Partner

Lockridge Grindal Nauen

Gregory J. Casas

Shareholder

Greenberg Traurig

David B. Goroff

Partner

Foley & Lardner

Allen P. Grunes

Partner

GeyerGorey

Robert N. Kaplan

Partner

Kaplan Fox & Kilsheimer

Christopher J. Kelly

Partner

Mayer Brown

James J. Long

Shareholder

Briggs and Morgan

Milton Marquis

Partner

Dickstein Shapiro

Janet L. McDavid

Partner

Hogan Lovells

Kevin D. McDonald

Partner

Jones Day

Daniel F. McInnis

Partner

Akin Gump Strauss Hauer & Feld

Saul P. Morgenstern

Partner

Kaye Scholer

John Thomas Rosch

Of Counsel

Latham & Watkins

Douglas Rosenthal

Partner

Constantine | Cannon

M. Sean Royall

Partner

Gibson Dunn & Crutcher

Joseph J. Tabacco, Jr.

Partner

Berman DeValerio

Douglas M. Tween

Partner

Baker & McKenzie

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