A US Court of Appeals holds that the Foreign Trade Antitrust Improvements Act imposes a substantive merits limitation rather than a jurisdictional bar (Animal Science Products/China Minmetals)

This article has been nominated by readers for the business category, general antitrust section of the 2012 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Recent decisions by the Third Circuit and the Northern District of California make it easier for plaintiffs to bring claims under the Foreign Trade Antitrust Improvements Act (FTAIA). The FTAIA statute provides that the Sherman Act does not reach conduct outside the United States, with some exceptions. In Animal Science Products v. China Minmetals, the Third Circuit disagreed with the long-standing interpretation of the statute under which plaintiffs alleging violations of the Sherman Act for conduct occurring overseas shouldered the burden of establishing the court’s subject matter

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Thomas Demitrack, Paula W. Render, Michael Sennett, A US Court of Appeals holds that the Foreign Trade Antitrust Improvements Act imposes a substantive merits limitation rather than a jurisdictional bar (Animal Science Products/China Minmetals), 17 August 2011, e-Competitions Bulletin August 2011, Art. N° 45105

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