The Empagran Exception: Between Illinois Brick and a Hard Place
Victor P. Goldberg
Columbia Law School
February 1, 2009
Columbia Law and Economics Working Paper No. 345
In F. Hoffmann-La Roche Ltd. v. Empagran S.A., the Supreme Court interpreted the Foreign Trade Antitrust Improvements Act ("FTAIA") to bar an antitrust suit by foreign plaintiffs against foreign defendants despite the fact that the foreign and domestic markets were interconnected. I identify one narrow class of cases that would satisfy the statutory exception. Rather than focusing on the interrelatedness of the foreign and domestic prices, the inquiry centers on the resale of goods to the domestic market. The argument is a variant on Illinois Brick.
Number of Pages in PDF File: 11
Date posted: February 6, 2009