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“Import Commerce and the Foreign Trade Antitrust Improvements Act”

Northwestern Journal of International Law & Business Ambassador By Andre Fiebig

Abstract: It is clear that the Foreign Trade Antitrust Improvements Act (FTAIA) was not intended to modify the common law effects test as applied to products sold into the United States. Although some courts have mistakenly—or potentially provocatively, one may suspect in Judge Richard Posner’s case—applied a heightened standard to foreign conduct involving import commerce, there is nothing in the legislative record that supports this interpretation. By examining Motorola Mobility LLC v. AU Optronics Corp., this Article illustrates once again the ambiguity associated with the interpretation of the “inelegantly phrased” FTAIA.