The Empagran Exception: Between Illinois Brick and a Hard Place

11 Pages Posted: 6 Feb 2009  

Victor P. Goldberg

Columbia Law School

Date Written: February 1, 2009

Abstract

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.

Suggested Citation

Goldberg, Victor P., The Empagran Exception: Between Illinois Brick and a Hard Place (February 1, 2009). Columbia Law and Economics Working Paper No. 345. Available at SSRN: https://ssrn.com/abstract=1338291 or http://dx.doi.org/10.2139/ssrn.1338291

Victor Paul Goldberg (Contact Author)

Columbia Law School ( email )

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