ARTICLE
24 January 2020

Navigating Dangerous Shoals: The Murky But Critical Territorial Boundaries Of U.S. Antitrust Jurisdiction

SM
Sheppard Mullin Richter & Hampton

Contributor

Sheppard Mullin is a full service Global 100 firm with over 1,000 attorneys in 16 offices located in the United States, Europe and Asia. Since 1927, companies have turned to Sheppard Mullin to handle corporate and technology matters, high stakes litigation and complex financial transactions. In the US, the firm’s clients include more than half of the Fortune 100.
Virtually all significant antitrust cases these days have an international component. Markets now are worldwide.
United States Antitrust/Competition Law

Virtually all significant antitrust cases these days have an international component. Markets now are worldwide. Consequently, one of the most frequently litigated—and most important issues—is the extent of U.S. jurisdiction. Which sales are subject to trebling in a U.S. court? Which sales must be pursued elsewhere? Frequently, the key statute is the Foreign Trade Antitrust Improvements Act (FTAIA). The resulting litigation, unfortunately, has not resulted in clear rules or signposts. And, the cases are highly fact-specific. The facts matter.

Our attached chapter in Global Competition Review's recently published Private Litigation Guide discusses the key cases and considerations in detail. While the FTAIA is probably the most familiar battleground, international issues arise in many other areas of U. S. antitrust law that are also covered in our chapter.  Click here to read the full article.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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