File:RS21877 (IA RS21877-crs).pdf
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This United States Congress image is in the public domain. This may be because it was taken by an employee of the Congress as part of that person’s official duties, or because it has been released into the public domain and posted on the official websites of a member of Congress. As a work of the U.S. federal government, the image is in the public domain.
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Short title | WIKILEAKS - Congressional Research Service - FTAIA Limits Availability of U.S. Courts to Foreign Antitrust Plaintiffs: F. Hoffman-LaRoche, Ltd. V. Empagran, S.A., June 30, 2005 |
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Image title | When the Supreme Court decided F. Hoffman-LaRoche, Ltd. v. Empagran, S.A. (542 U.S. 155 (2004)), it narrowed the degree to which the Federal Circuits were split concerning the availability of U.S. courts to foreign plaintiffs seeking relief for violations of U.S. antitrust laws; it also lessened the concern of foreign governments, global commercial entities and U.S. antitrust enforcement officials that the Foreign Trade Antitrust Improvements Act of 1982 (FTAIA) could be a vehicle for extending the reach of U.S. antitrust laws. A unanimous Court ruled that the FTAIA's general Sherman Act non-applicability to foreign commerce "other than import trade or ... commerce" is not necessarily displaced by the act's exception for anticompetitive conduct that has a "direct, substantial, and reasonably foreseeable effect" on U.S. domestic commerce, and that "gives rise to a [Sherman Act] claim." Where a foreign plaintiff's claim arises independently of the harm to U.S. commerce, even though the underlying conduct may have had such a harmful effect, the Court said, U.S. courts may not be used to pursue a Sherman Act claim, even if a U.S. plaintiff might have a valid Sherman Act claim arising out of the conduct's effect on U.S. commerce. |
Author | Congressional Research Service : Janice E. Rubin, American Law Division |
Software used | WIKILEAKS - http://wikileaks.org/wiki/CRS-RS21877 - February 2, 2009 |
Conversion program | WIKILEAKS - http://wikileaks.org/wiki/CRS-RS21877 - February 2, 2009 |
Encrypted | no |
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Version of PDF format | 1.4 |