Much Ado About Injury: Making Sense Of FTAIA Circuit Split

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It is not news that there is a circuit court split concerning the correct application of the Foreign Trade Antitrust Improvements Act. Indeed, there have been circuit court splits concerning the FTAIA since its enactment in 1982. However, the recent seemingly contradictory FTAIA rulings in the Seventh Circuit Motorola Mobility case and the Ninth Circuit Hsiung (a.k.a. AU Optronics) case pertaining to the conduct of the same liquid crystal display cartel have generated much commentary and even resulted in dueling petitions for certiorari to the U.S. Supreme Court.

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