The FTAIA in Flux: Foreign Component-Goods Cases Have Tripped, But Have They Fallen?

This article is part of a Chronicle. See more from this Chronicle Randy Stutz, Jan 29, 2015 The epic saga of the Great Motorola Case of 2014 continues. In the latest chapter, a Seventh Circuit panel has issued its third and final opinion explaining why Motorola must lose. The case sets the stage for an […]

Extraterritoriality and Input Cartels: Life in the Global Value Lane—The Collision Course with Empagran and How to Avert It

This article is part of a Chronicle. See more from this Chronicle Eleanor Fox, Jan 29, 2015 There is a looming danger that judge-made exceptions from U.S. antitrust law for foreign conduct are swallowing the proscriptions of the Sherman Act against modern-style international cartels. The danger has raised its head in the context of input […]

The Motorola Decision Overlooks How Cartels and Corporate Families Operate

This article is part of a Chronicle. See more from this Chronicle David Barth, Jan 29, 2015 In Motorola Mobility LLC v. AUO Optronics Corp., a three-judge appellate panel in the Seventh Circuit issued a series of rulings removing approximately 99 percent of Motorola’s claimed purchases from the case. In each ruling, the Court held that […]

Judge Posner Speaks on the FTAIA: Rejects Fermat’s Principle of Least Time

This article is part of a Chronicle. See more from this Chronicle James Martin, Jan 29, 2015 If one understands that Congress created a private right of action for victims of antitrust violations to seek treble damages as a way to deter cartel formation, then one would expect that someone should be permitted to seek […]

The Comity-Deterrence Trade-off and the FTAIA: Motorola Mobility Revisited

This article is part of a Chronicle. See more from this Chronicle Joseph Harrington, Jan 29, 2015 The Foreign Trade Antitrust Improvements Act, 15 U.S.C. §6a states that the Sherman Act “shall not apply to conduct involving trade or commerce … with foreign nations.” but provides some exceptions to that rule. The exception of relevance […]

Repeal the FTAIA! (Or At Least Consider It as Coextensive with Hartford Fire) (2)

This article is part of a Chronicle. See more from this Chronicle Robert Connolly, Dec 31, 2014 The goal of this article is to advance two propositions: 1) that the Foreign Trade Improvements Act (“FTAIA”) should be repealed; and 2) that Motorola Mobility can be decided through the principles set forth in Hartford Fire and Illinois Brick. […]

Motorola Mobility and the FTAIA: A Deterrence-Based Definition of “Direct” Effect

This article is part of a Chronicle. See more from this Chronicle Joseph Harrington, Sep 17, 2014 In Motorola Mobility LLC v. AU Optronics, the Seventh Circuit Court of Appeals offers an interpretation of the Foreign Trade Antitrust Improvements Act, 15 U.S.C. §6a that has significant implications for the right to sue foreign companies under […]

Comity, Domestic Injury, and the Metaphysics of the FTAIA

This article is part of a Chronicle. See more from this Chronicle Randy Stutz, Sep 17, 2014 In the early 1960s, the British philosopher Richard Taylor famously argued that he could use well-accepted principles of logical reasoning to prove the doctrine of fatalism—the idea that mankind lacks free will and life’s outcomes are pre-determined. A […]

Fermat’s Principle and the FTAIA: What Courts Can Learn From Optics

This article is part of a Chronicle. See more from this Chronicle James Martin, Sep 17, 2014 Pierre de Fermat was a professional lawyer and amateur mathematician. Say what you will about our noble profession, Fermat’s greatest contributions to society occurred during his off-hours. In 1662, Fermat stated his “principle of least time:” light follows […]

Repeal the FTAIA! (Or At Least Consider It as Coextensive with Hartford Fire)

This article is part of a Chronicle. See more from this Chronicle Robert Connolly, Sep 17, 2014 The goal of this article is to advance two propositions: 1) that the Foreign Trade Improvements Act (“FTAIA”) should be repealed; and 2) that Motorola Mobility can be decided through the principles set forth in Hartford Fire and Illinois Brick. […]