A recent ruling by a New York judge against a China-based maker of UBS cables has ignited debate and new discussion around a 1982 precedent of the Foreign Trade Antitrust Improvements Act. US District Judge Shira Scheindlin ruled against computer cable maker Lotes Co Ltd in a decision that barred the company from bringing its lawsuit against rivals into US courtrooms. Lotes initiated a suit against competitors, accusing them of limiting competition by refusing to license patents and pushing Lotes out of the market; neither Lotes nor the rivals named in the suit sell products in the US. The company wanted to sue in the US, however, arguing that the case had “direct, substantial, and reasonably foreseeable effect on US commerce” in anticompetitive ways. The argument was not enough for Judge Scheindlin, however; the Foreign Trade Antitrust Improvements Act of 1982 which is read to mean that claims made under the 1890 Sherman Act to not apply to cases causing only foreign injury. According to reports, the 1982 Act is widely considered to be worded awkwardly. The judge acknowledged a circuit split on the application of the 1982 law in her opinion, however.
Full Content: Thomson Reuters
Want more news? Subscribe to CPI’s free daily newsletter for more headlines and updates on antitrust developments around the world.
Featured News
Japan’s Prime Minister Criticizes US Block on Nippon Steel-US Steel Deal
Feb 17, 2025 by
CPI
UAE Cabinet Announces New Merger Control Filing Thresholds Effective March 2025
Feb 17, 2025 by
CPI
UK Regulator Warns Topps Tiles Acquisition Could Hurt Competition
Feb 17, 2025 by
CPI
FTC Chair Andrew Ferguson Backs Trump’s Authority to Remove Commissioners
Feb 17, 2025 by
CPI
South Korea Suspends Downloads of Chinese AI App DeepSeek Over Data Privacy Concerns
Feb 17, 2025 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – International Criminal Enforcement
Jan 23, 2025 by
CPI
The Antitrust Division’s Recent Work to Combat International Cartels
Jan 23, 2025 by
Emma Burnham & Benjamin Christenson
Information Sharing: The New Frontier of U.S. Antitrust Enforcement
Jan 23, 2025 by
Brian P. Quinn, Casey Kovarik & Michael Tubach
The Key Role of Guidelines on Exchanges of Information Among Competitors and the Divergent Transatlantic Paths
Jan 23, 2025 by
Rosa Abrantes-Metz & Albert Metz
Leniency, Whistleblowers, and Compliance
Jan 23, 2025 by
Richard Powers, Tara O’Malley & Cory Gordon