ABA Section of Antitrust Law - 2011 Year-end Review of FTAIA cases: Is the pendulum swinging back towards the plaintiffs?
January 27, 2012
This past year we have seen some interesting developments in FTAIA case law. While Empagran
has stood for protecting against overreaching and promoting international comity for the last several years, plaintiffs appeared to make some inroads in 2011. Notable cases, such as Animal Science
and In re TFT-LCD (Flat Panel) Antitrust Litigation
, call into question the scope and application of the FTAIA.
The panel will discuss a number of issues including the following: Are the courts lowering the FTAIA hurdle for foreign plaintiffs? Is the FTAIA a substantive element of a claim or a jurisdictional limitation? Is the import exception broad or narrow? While foreign plaintiffs seem to be gaining ground, what is the effect on international comity if it is easier for them to recover under US law?
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Kathy Kirmayer will give the Plaintiff Perspective.
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