Exploring the Impact and Implication of U.S. Antitrust Laws on Foreign Conduct

In 2014, three U.S. Courts of Appeal issued rulings interpreting the Foreign Trade Antitrust Improvements Act (FTAIA), focusing specifically on the requirement that anti-competitive conduct in foreign jurisdictions must have a “direct, substantial, and reasonably foreseeable effect” on U.S. commerce to be the focus of government enforcement actions under the U.S. Sherman Act. The court decisions have created ambiguity for counsel representing purchasers of material components from global supply chains. Questions concern the scope of the indirect purchaser rule, whether component parts should be purchased directly through U.S. corporations, and whether U.S. manufacturers should operate through foreign subsidiaries.

Michael L. Weiner, co-leader of Dechert's Antitrust/Competition Practice group, along with a distinguished panel, will discuss both the overt and subtle consequences of U.S. antitrust laws that are affecting global business. This session will also highlight the effects and implications of U.S. antitrust laws on foreign purchasing practices.

Topics will include:

• Foreign Trade Anti-trust Improvements Act (FTAIA)
• Recent Case Law
• Ambiguities
• The Effect of Sherman Act on Foreign Business Practices
• Standard of Liability for Foreign Price Fixing Agreements
• Minimizing Anti-trust Risks
• Applicability of FTAIA to Foreign Business Practices
• Foreign Avoidance Practices (Evasion)
• FTAIA Domestic Effects Test
• Compliance and Litigation Risk
• Related Regulations

For more information and to register, please visit The Knowledge Group event page.