Repeal the FTAIA! (Or At Least Consider It as Coextensive with Hartford Fire)
CPI Antitrust Chronicle Sep 2014 (1)
7 Pages Posted: 1 Oct 2014
Date Written: September 17, 2014
The FTAIA should be repealed. Times have changed since its passage in 1982. Today it is offensive to provide immunity to U.S. businesses for price fixing overseas while the USDOJ seeks to jail foreigners who fix prices that affect U.S. commerce. But, since Motorola Mobility v. AU Optronics will be decided under the FTAIA, the court should find that the requirements of the FTAIA were met, thus enabling the Antitrust Division to bring component price fixing cases. But, the comity concerns expressed by numerous foreign nations of not making the U.S. the world's competition policeman can be respected by applying the Illinois Brick doctrine and dismissing plaintiff's suit to recover damages for purchases made by its foreign subsidiaries.
Keywords: FTAIA, Motorola Mobility, Illinois Brick, component price fixing
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