We have two indisputable facts in this issue: The Foreign Trade Antitrust Improvements Act is, to be kind, muddled. And modern court decisions on federal pleading standards haven't exactly been uniform. So what happens when the two collide, as in the recent Potash decision? Our authors have brilliantly highlighted the issues; but, as might be expected, have reached quite different conclusions. Plus there's a bonus—given the complexity, we've added a resource providing reprints and downloadable copies of the key cases and legislation. And since we're discussing extraterritorial matters, we've added a special interest article on a novel approach to untangling the thorny issue of how the EU should compensate cartel victims—without involving U.S. law.
Defendants may find it more difficult to win early dismissal, and avoid expensive discovery, in antitrust cases involving foreign conduct affecting U.S. commerce. Alicia Batts & Keith Butler (Proskauer)
Minn-Chem v. Agrium is the latest in a long line of opinions reflecting courtsâ€™ suspicions of private plaintiff efforts to expand the scope of private antitrust enforcement. Max Huffman (Indiana Univ.)
Enforcement restraint is particularly appropriate in circumstances where the conduct at issue, insofar as Canada is concerned, was not illegal at all. Mark Katz & Erika Douglas (Davies, Ward)
Why was one traditional, well established plus-factors pleading â€œplausibleâ€ and a very similar one â€œimplausibleâ€? Chris Sagers (Cleveland State Univ.)
An easy source to find the materials referred to in the NOV (1) Antitrust Chronicle issue on the Potash case.
There is another possible approachâ€”besides the Zen Platter, the Foie Gras-Stuffed Creampuff, and the ADR Health Food Boxâ€”which has received very little attention. Kent Bernard (Fordham Law)
The CPI Antitrust Chronicle is published online, semi-monthly. It contains cutting-edge commentary on current global antitrust and competition policy issues.
Editor-in-Chief: David S. Evans
Managing Editor: Lauren Chiang
Senior Editor: Lindsay W. McSweeney
Social Media: Anna Tzanaki
Subscription Manager: Susan Roberts
Office Manager: Kristen Adrian
Editorial Advisory Board:
Rosa Abrantes-Metz, AFE Consulting, Stern School of Business at NYU
Kent Bernard, Fordham School of Law
Rachel Brandenburger, Washington D.C.
Adrian Emch, Hogan Lovells
Kyriakos Fountoukakos, Herbert Smith
Jay Himes, Labaton Sucharow
James Killick, White & Case
Stephen Kinsella, Sidley Austin
Ioannis Lianos, University College London
Elisa Mariscal, Federal Competition Commission, Mexico
Robert O'Donoghue, Brick Court Chambers
Aaron Panner, Kellogg, Huber, Hansen
Nicolas Petit, University of Lìege
Daniel Sokol, University of Florida Levin School of Law
Joshua Wright, George Mason Law School