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http://ssrn.com/abstract=986708
 
 

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A Retrospective on Twenty-Five Years of the Foreign Trade Antitrust Improvements Act


Max Huffman


Indiana University Robert H. McKinney School of Law


Houston Law Review, Vol. 44, p. 285, 2007

Abstract:     
Now twenty-five years after the Foreign Trade Antitrust Improvements Act (FTAIA) was enacted as part of the Export Trading Company Act of 1982, the once-ignored statute has come fully into the fore. The FTAIA is inelegantly phrased; its opaque language has resulted in further confusion in an area of the law that was already confused and unsettled. The FTAIA is nonetheless massively important. Commentators and judges uniformly have noted the explosion in cross-border implications of U.S. antitrust enforcement. Since the mid-1990s, when the FTAIA was resurrected by foreign plaintiffs seeking the protection of U.S. antitrust laws and plaintiff-friendly procedures, numerous suits seeking billions of dollars in damages for harm suffered world-wide have been filed and consolidated into multi-district litigation proceedings. Litigation has occurred in federal courts at all levels, with the Supreme Court finally addressing the FTAIA directly in 2004 in F. Hoffman-LaRoche Ltd. v. Empagran S.A. And recently, the Antitrust Modernization Commission has considered the statute, declining to recommend it be amended, but noting the need for further clarity.

Number of Pages in PDF File: 63

Keywords: antitrust, extraterritoriality, foreign trade

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Date posted: May 17, 2007  

Suggested Citation

Huffman, Max, A Retrospective on Twenty-Five Years of the Foreign Trade Antitrust Improvements Act. Houston Law Review, Vol. 44, p. 285, 2007. Available at SSRN: http://ssrn.com/abstract=986708

Contact Information

Max Huffman (Contact Author)
Indiana University Robert H. McKinney School of Law ( email )
530 West New York Street
Indianapolis, IN 46202
United States

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