In In re: Vitamin C Antitrust Litigation, Eastern District of New York Judge Brian M. Cogan refused to dismiss multidistrict litigation alleging that Chinese manufacturers fixed the price of vitamin C, holding that the sales fell within the import and domestic effects exceptions to the Foreign Trade Antitrust Improvements Act. As a result, that law […]
Category Archives: Foreign Trade Antitrust Improvements Act
Foreign Trade Antitrust Improvements Act Does Not Bar Damages Claim Where LCDs Passed From the US to Mexico for Processing Before Being Sold in the US
October 8, 2012 – 2:19 pm
In In re: TFT-LCD (Flat Panel) Antitrust Litigation, Northern District of California Judge Susan Illston rejected the defendants’ argument that the Foreign Trade Antitrust Improvements Act barred some claims. The defendants contended that the bulk of one plaintiff’s damages were based on LCD products that had been shipped to a Mexican arm of the plaintiff. […]
En banc Seventh Circuit Revives Potash Case, Interpreting FTAIA as Non-Jurisdictional
July 2, 2012 – 4:37 pm
In Minn-Chem Inc. et al. v. Agrium Inc. et al., the Seventh Circuit reversed a panel decision dismissing a suit against potash producers allegedly involved in a cartel. The en banc panel found that, under the Foreign Trade Antitrust Improvements Act (FTAIA), there was a sufficient connection between the alleged plot involving foreign producers and […]