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The Comity-Deterrence Trade-off and the FTAIA: Motorola Mobility Revisited

BY | January 29, 2015

This article is part of a Chronicle. See more from this Chronicle Joseph Harrington, Jan 29, 2015 The Foreign Trade Antitrust Improvements Act, 15 U.S.C. §6a states that the Sherman…

This article is part of a Chronicle. See more from this Chronicle

Joseph Harrington, Jan 29, 2015

The Foreign Trade Antitrust Improvements Act, 15 U.S.C. §6a states that the Sherman Act “shall not apply to conduct involving trade or commerce … with foreign nations.” but provides some exceptions to that rule. The exception of relevance in Motorola Mobility is that foreign companies are liable under the Sherman Act when their conduct has a “direct, substantial, and reasonably foreseeable

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