May a Foreign Plaintiff Sue a Foreign Defendant for Conduct Outside the U.S. That Caused Antitrust Injury Outside the U.S.?

Authors

Antonio F. Perez, The Catholic University of America, Columbus School of LawFollow

Document Type

Article

Publication Date

2004

Abstract

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)?

Recommended Citation

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.