Deterrence and Efficiency Considerations Warrant an Expansive Reading of the FTAIA

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David Barth, Sep 17, 2014

The Foreign Trade Antitrust Improvement Act of 1982 is an area of antitrust law in which courts’ rulings have been unpredictable. Consider two recent cases in the Seventh Circuit: Minn-Chem, Inc. v. Agrium, Inc., and Motorola Mobility LLC v. AUO Optronics Corp. In Minn-Chem, the District Court denied defendants’ motion to dismiss on FTAIA–related grounds. Next, a three-judge appellate panel overturn