Sherman Act’s Int’l Reach — A Hot Issue In 2013 And 2014

November 30, 2018 | Samuel R. Miller

A number of important cases regarding the reach of the U.S. antitrust laws to conduct occurring overseas percolated through the courts in 2013. In particular, courts struggled with the meaning and impact of the Foreign Trade Antitrust Improvement Act,[1] which limits the extraterritorial reach of the Sherman Act. Cases are presently pending in the Second Circuit[2] and the Ninth Circuit[3] Courts of Appeals in which interpretation of the FTAIA are key questions.

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