A U.S. Court of Appeals potentially expands the extraterritorial reach of the U.S. antitrust laws (Minn-Chem v. Agrium)

Introduction The U.S. Court of Appeals for the Seventh Circuit (the “Court”) recently potentially expanded the extraterritorial reach of the U.S. antitrust laws. Its unanimous en banc decision in Minn-Chem, Inc. v. Agrium Inc. (7th Cir. 2012) may make it easier for the Department of Justice (“DOJ”), the Federal Trade Commission (“FTC”) and private litigants to challenge the conduct of foreign parties in foreign markets under the U.S. antitrust laws. The decision also creates and entrenches several circuit splits regarding the proper interpretation of the Foreign Trade Antitrust Improvements Act of 1982 (“FTAIA”), and thereby increases the likelihood that the Supreme Court will elect to weigh in on these questions. The Case The decision reviewed the dismissal of a putative class action

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Authors

  • Davis Polk & Wardwell (New York)
  • Davis Polk & Wardwell (New York)
  • Gibson Dunn (New York)
  • Davis Polk & Wardwell (Menlo Park)
  • Davis Polk & Wardwell (New York)
  • Davis Polk & Wardwell
  • Davis Polk & Wardwell (New York)
  • Davis Polk & Wardwell (Hong Kong)

Quotation

Ronan P. Harty, Arthur J. Burke, Joel M. Cohen, Christopher B. Hockett, Michael N. Sohn, Howard Chang, Stephen Pepper, Miranda So, A U.S. Court of Appeals potentially expands the extraterritorial reach of the U.S. antitrust laws (Minn-Chem v. Agrium), 27 June 2012, e-Competitions Bulletin Direct effect, Art. N° 53525

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