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Deterrence and Efficiency Considerations Warrant an Expansive Reading of the FTAIA

David Barth, CPI Antitrust Chronicle, September 17, 2014

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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.

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