The World in U.S. Courts: Winter 2016 - Antitrust/Competition/Foreign Trade Antitrust Improvements Act (FTAIA)
The plaintiffs in this class action lawsuit are direct and indirect purchasers of certain kinds of capacitors from almost two dozen mainly Asian manufacturers, which the complaint alleges engaged in price-fixing. The District Court in California addressed two principal issues: (i) the meaning of “import commerce,” as to which antitrust claims may still be brought despite the FTAIA, and (ii) the extent to which the plaintiffs’ claim was “proximately caused” by an effect on US commerce—again, as required by the FTAIA for a covered claim to be viable. The Court addressed the issues in terms of categories of transactions:
The Court also concluded that claims under the California State antitrust statute would be limited by the FTAIA to the same extent as federal law. It noted that State laws may also have their own unique territorial limitations that would have to be addressed later in the litigation.
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