Why the Motorola Mobility Decision was Good for Cartel Enforcement and Deterrence

This article is part of a Chronicle. See more from this Chronicle Robert Connolly, Jan 29, 2015 I was pleased to have an article I wrote on the FTAIA cited and quoted from in the recent Motorola Mobility opinion. I agree with the decision in Motorola Mobility and I also believe that the decision was a […]

SEP-14(1)

In this issue: In Motorola Mobility, the Seventh Circuit is readying to rehear a lawsuit that will (hopefully) clarify the extent of U.S. antitrust law’s reach outside of the United States. The issue concerns the Foreign Trade Antitrust Improvements Act, which was ostensibly passed to clarify the reach and limits of the Sherman Act for U.S. companies […]

NOV-11(1)

In this issue: 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, […]

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 […]

Minn-Chem Incorporated et al. v. Agrium Incorporated et al.: A Canadian Perspective on the Extraterritorial Application of U.S. Antitrust Law

Erika Douglas, Mark Katz, Nov 16, 2011 This article provides a Canadian perspective on the recent decision of the U.S. Seventh Circuit Court of Appeals (the “Seventh Circuit”) in Minn-Chem Incorporated et al. v. Agrium Incorporated et. al. (“Minn-Chem“). Minn-Chem considered the application of the Foreign Trade Antitrust Improvements Act (“FTAIA”) to a class action […]

The Sherman Act’s Criminal Extraterritorial Reach: Unresolved Questions Raised By United States v. AU Optronics Corp

Anthony Biagioli, Mark Popofsky, Aug 30, 2011 Over the last decade, the Department of Justice’s (“DOJ’s”) vigorous criminal antitrust enforcement-driven by amnesty for the first self-reporting company-has led numerous companies and executives to plead guilty. Indeed, over the last decade, no corporate defendant (and only a few individuals) has taken the government to trial in […]