Foreign Trade Antitrust Improvements Act: When Do U.S. Antitrust Laws Apply to Foreign Conduct?
Navigating the Applicability of the FTAIA's "Effects Test" to the Purchase of Foreign Component Parts
Recording of a 90-minute CLE webinar with Q&A
This CLE course will examine recent developments regarding the application of the FTAIA and the limits of the reach of U.S. antitrust laws to foreign conduct. The panel will discuss lingering questions for courts and antitrust counsel after recent and significant FTAIA court decisions and best practices for purchasers from global supply chains to minimize antitrust risks.
Outline
- Recent FTAIA case law developments
- Current gray areas/open questions
- Best practices for purchasers from global supply chains to minimize antitrust risks
Benefits
The panel will review these and other key issues:
- How have the various Courts of Appeals recently addressed the applicability of the FTAIA to foreign conduct? What gray areas do the rulings create for counsel?
- When can purchasers of price-fixed component parts shipped into the U.S. pursue private civil treble damage actions under the U.S. Sherman Act?
- What factors should U.S. manufacturers consider in deciding whether to operate through foreign subsidiaries and whether those subsidiaries should purchase component parts from foreign suppliers?
Faculty
Robert B. Bell
Partner
Hughes Hubbard & Reed
Mr. Bell has wide experience securing antitrust clearance for mergers and acquisitions from both the DOJ and the... | Read More
Mr. Bell has wide experience securing antitrust clearance for mergers and acquisitions from both the DOJ and the FTC and in representing companies and individuals in criminal and civil antitrust matters. He also regularly counsels clients on matters involving antitrust litigation and provides antitrust counseling on issues ranging from competitor collaborations to vertical distribution arrangements.
CloseLeon B. Greenfield
Partner
Wilmer Cutler Pickering Hale and Dorr
Mr. Greenfield represents clients in complex antitrust-related matters and has represented clients in cutting edge... | Read More
Mr. Greenfield represents clients in complex antitrust-related matters and has represented clients in cutting edge Section 2 litigation and agency matters. He has secured antitrust clearance for major acquisitions, litigated cases in federal and state court and counseled clients on many types of antitrust issues. Many of his recent matters have involved complex issues relating to monopolization allegations. He also has broad experience in matters outside the antitrust area, including securities regulatory matters and litigation and complex business litigation.
CloseJeffrey S. Jacobovitz
Partner
Arnall Golden Gregory
Mr. Jacobovitz is Co-Chair of the firm’s Antitrust Group. He concentrates his practice in antitrust, white collar... | Read More
Mr. Jacobovitz is Co-Chair of the firm’s Antitrust Group. He concentrates his practice in antitrust, white collar criminal defense, and complex civil litigation, including more than 40 criminal and civil jury trials as first chair and 15 appellate arguments nationwide. Mr. Jacobovitz is currently the Vice Chair of the ABA’s Federal Civil Enforcement Committee of the Antitrust Section and a former attorney with the FTC.
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