A US Court of Appeals holds that American courts have authority to hear antitrust claims brought by foreign plaintiffs against foreign defendants over foreign conduct (Empagran)

The twenty years since the enactment of the Federal Trade Antitrust Improvements Act (the FTAIA) in 1982 have seen steady progress in the cooperation of antitrust authorities worldwide. Prior to the FTAIA’s passage, the US’s extraterritorial application of its antitrust laws created international friction. Under the strictures of the FTAIA, US courts’ authority to decide cases involving foreign conduct is limited to those in which there exists a direct andsubstantial effect on US commerce, and hat effect gives rise to a claim under US antitrust laws. Since the FTAIA was enacted, numerous countries have enacted effective antitrust laws and international agreements to combat antitrust violations, including between the US and Australia, Brazil, Britain, Canada, the European Union, and

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  • Hughes Hubbard & Reed (Washington)

Quotation

William J. Kolasky, A US Court of Appeals holds that American courts have authority to hear antitrust claims brought by foreign plaintiffs against foreign defendants over foreign conduct (Empagran), 2 November 2004, e-Competitions Bulletin US Private Enforcement, Art. N° 37268

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