Extraterritoriality and Intra-Territoriality in US Antitrust Law

Posted by Social Science Research Network

Extraterritoriality and Intra-Territoriality in US Antitrust Law

By Josh Hazan (Wachtell, Lipton, Rosen & Katz) &  Douglas H. Ginsburg (US Court of Appeals for the District of Columbia Circuit)

Abstract:     In this paper, we examine the state of the FTAIA case law and endorse the view that the FTAIA bars a non-US national that purchases goods outside the United States from bringing an antitrust lawsuit under US antitrust law, regardless of the effect on US commerce, because it provides the guidance necessary for a company to conform its conduct to the law.

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