Notes from the antitrust subconscious: how attempts to suppress common law precedent replaced by the foreign trade antitrust improvements act have only brought the act closer to its roots

Author:Anthony Kakoyannis
Position::J.D. Candidate 2016, University of Florida Levin College of Law

In 1982, Congress enacted the Foreign Trade Antitrust Improvements Act (FTAIA) to serve as a standard for determining when U.S. antitrust law should extend to foreign conduct. The FTAIA was designed to clarify the common law of antitrust extraterritoriality but has instead paralyzed the law’s application. For years after its enactment, courts simply avoided the FTAIA. Into the late 1990s, many... (see full summary)

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