After FTAIA Ruling, Sky Is Not Falling On Antitrust Claims

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Doomsday scenarios abound concerning the recent Seventh Circuit ruling in Motorola Mobility LLC v. AU Optronics Corp. Some legal observers contend that this ruling[1] interpreting the Foreign Trade Antitrust Improvements Act of 1982 “may profoundly limit future antitrust claims by plaintiffs in the United States.”[2] While others have even gone so far as proclaiming that this ruling will preclude future antitrust claims predicated upon foreign conduct altogether. However, these prognostications may actually amount to little more than wishful thinking. The debate concerning the correct interpretation of the FTAIA is far from over. This is evidenced by the fact that we continue to see inconsistent foreign antitrust decisions both among the circuits and among district courts within the same circuit.

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