Archives: Law of FTAIA

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Prologue Part 2: The Antitrust Law of Foreign-Based Transactions Before Passage of the FTAIA

Today, we’re continuing the prologue of our tour through the law of the Foreign Trade Antitrust Improvement Act, surveying the antitrust law of foreign-based transactions in the years leading up to enactment of the FTAIA.  In our first installment, we reviewed the Supreme Court’s decision in American Banana Co. v. United Fruit Company, 213 U.S. … Continue Reading

Announcing a Biweekly Series on the Law of the Foreign Trade Antitrust Improvement Act

Section One of the Sherman Act is written in simple, straightforward language: “Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is declared to be illegal.” Okay, maybe a little too simple, since, as the courts quickly realized, … Continue Reading