Navigating Dangerous Shoals: The Murky but Critical Territorial Boundaries of U.S. Antitrust Jurisdiction

By Bevin Newman and James L. McGinnis, Sheppard Mullin

Virtually all significant antitrust cases these days have an international component. Markets now are worldwide. Consequently, one of the most frequently litigated—and most important issues—is the extent of U.S. jurisdiction. Which sales are subject to trebling in a U.S. court? Which sales must be pursued elsewhere? Frequently, the key statute is the Foreign Trade Antitrust Improvements Act (FTAIA). The resulting litigation, unfortunately, has not resulted in clear rules or signposts. And, the cases are highly fact-specific. The facts matter.

Our attached chapter in Global Competition Review’s recently published Private Litigation Guide discusses the key cases and considerations in detail. While the FTAIA is probably the most familiar battleground, international issues arise in many other areas of U. S. antitrust law that are also covered in our chapter.

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