Deterrence and Efficiency Considerations Warrant an Expansive Reading of the FTAIA

The Foreign Trade Antitrust Improvement Act of 1982 (“FTAIA”) is an area of antitrust law in which courts’ rulings have been unpredictable. Consider two recent cases in the Seventh Circuit: Minn-Chem, Inc. v. Agrium, Inc., and Motorola Mobility LLC v. AUO Optronics Corp. In Minn-Chem, the District Court denied defendants’ motion to dismiss on FTAIA–related grounds. Next, a three-judge appellate panel overturned that ruling and granted defendants’ motion. Then, the Seventh Circuit sitting en banc affirmed the District Court’s ruling and denied defendants’ motion.