May the respondents, five foreign companies that purchased goods outside the United States from other foreign companies, pursue Sherman Act claims seeking recovery for overcharges paid in transactions occurring entirely outside U.S. commerce under the Foreign Trade Antitrust Improvements Act of 1982 (FTAIA), 15 U.S.C. § 6a? Do such foreign plaintiffs lack standing under Section 4 of the Clayton Act, 15 U.S.C. § 15(a)?
Antonio F. Perez, May a Foreign Plaintiff Sue a Foreign Defendant for Conduct Outside the U.S. That Caused Antitrust Injury Outside the U.S.?, 2003-2004 PREVIEW U.S. SUP. CT. CASES 380.