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

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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