Legal Series: U.S. Antitrust Laws – Developments in its Extraterritorial Reach
The Extra-Territorial Limits of the U.S. Antitrust Laws have been subject to substantial debate for many years. The Foreign Trade Anti-trust Improvements Act (FTAIA) is notorious for its confabulating wording and has spawned considerable litigation over its scope, including whether the Act established pre-requisites for subject matter jurisdiction or simply set out an element of an antitrust claim.
The limitations of the Act appear to be broadening and extending in range with application to alleged anti-competitive conduct outside the U.S. Under the domestic effects exception, the Sherman Act applies to non-importable trade or commerce with foreign nations when the trade has direct, substantial and reasonably foreseeable' effect upon U.S. commerce and gives rise to an antitrust claims. In June 2014, the US Court of Appeals in New York City ruled that FTAIA barred the antitrust claims of a Taiwanese electronics manufacturing company, with facilities in China, against a group of foreign competitors.
A panel of key thought leaders and practitioners assembled by The Knowledge Group will provide a discussion of the latest developments in US Antitrust Laws as they relate to Extra-Territorial Reach. This LIVE webcast aims to help the audience better understand the developments in the Extraterritorial Reach of the U.S. Antitrust Laws.
Key topics include:
- U.S. Extraterritorial Reach - An Overview
- Foreign Trade Antitrust Improvements Act (FTAIA)
- The Domestic Effects' Exceptions
- The Immediate Consequence Standard
- Foreign Activities Covered by the Extraterritorial Reach
- Regulatory Developments
- Compliance and Litigation Risks
Katten Muchin Rosenman LLP
- Introductory section
- Not just the U.S. - Extra territorial reach allows you to be sued for similar conduct in other global jurisdictions (firestorm brewing)
Ropes & Gray LLP
- The 7th Circuit’s Motorola decision creates significant uncertainty as to what private damages claims for foreign injury fall within the Sherman Act.
- DOJ also faces continued uncertainty after Motorola as to what in-U.S. effects are too “indirect” to support criminal Sherman Act prosecution.
- Affects pleas DOJ can extract.
- Affects how DOJ tries cases to juries.
- Can expect battle over the FTAITA to shift to state law, which some argue can reach more broadly than federal law.
Robins, Kaplan, Miller & Ciresi L.L.P.
- State antitrust claims (Application of Motorola Mobility case on) International arbitrations FTAIA left uncovered
Wilson Sonsini Goodrich & Rosati
- Recent case law, Amicus brief – Motorola, etc 9th circuit matter What their standard is and effect on criminal enforcement
Who Should Attend:
- Transnational Business Managers
- Antitrust Lawyers
- Compliance and Regulation Managers
- Other Interested Professionals
James J. Calder devotes his practice to antitrust and competition law as co-head of Katten Muchin Rosenman LLP’s Antitrust and Competition practice.
James’ antitrust practice includes litigation, counseling and responding to government antitrust investigations. He handles matters involving price fixing, market allocation, group boycotts and other horizontal restraints; monopolization, intellectual property licensing and other intellectual property issues; industry-wide standard setting efforts; vertical restraints; distribution issues; and Robinson-Patman Act problems.
He represents parties to US and cross-border mergers and acquisitions. His M&A work includes substantive antitrust merger analysis, Hart-Scott-Rodino and foreign merger clearance compliance, defending merger investigations and negotiating resolutions in contested merger situations. He also provides antitrust representation in the structuring and operation of domestic and international joint ventures and other collaborative efforts among competitors.
James handles matters for clients in more than 40 industries, including apparel, athletic equipment, aviation, beer, builders hardware, chemicals, computer chip production, computer hardware and software, computer video games, consumer electronics, electrical carbon products, fertilizer additives, fine art dealing, freight forwarding, health care, industrial laundry and linen supply, medical devices, military electronics, milk, motion pictures, music publishing, pharmaceuticals, radio, recorded music, reinsurance, securities trading, soft drinks, textile machinery and television.
In addition to traditional antitrust matters, James advises on deceptive practices, misleading advertising, consumer protection and competitive tort issues.
James J. Calder devotes his practice to antitrust and competition law as co-head of Katten Muchin Rosenman LLP’s Antitrust and …
Mark S. Popofsky, a veteran of the landmark Microsoft trial and United States v. Nippon Paper, chairs Ropes & Gray’s Antitrust Practice Group. A first-chair trial lawyer, Mark litigates antitrust, intellectual property and other complex business litigation matters. Mark regularly counsels Fortune 500 companies on the full-range of antitrust matters across numerous industries, including high technology, telecommunications, medical device, pharmaceuticals, aerospace, manufacturing, health care and consumer products. With deep and recognized experience in the intersection of intellectual property and antitrust, Mark advises leading Internet, semiconductor, hardware, software and telecommunications clients on business practices, competitor collaborations and distribution arrangements. He also represents parties in civil and criminal antitrust investigations and transactions before the U.S. Department of Justice and the Federal Trade Commission. Mark writes and speaks frequently on antitrust law and policy and is a long-time member of the ABA Section of Antitrust Law. Mark has written award-winning articles on the FTAIA and the extraterritorial assertion of U.S. antitrust law.
Mark S. Popofsky, a veteran of the landmark Microsoft trial and United States v. Nippon Paper, chairs Ropes & Gray’s …
Mr. Wildfang has experience in antitrust litigation and counseling for over twenty-five years. He has represented parties in many private civil antitrust actions in industries ranging from insurance to agricultural commodities and has counseled clients on a wide variety of antitrust and trade regulation issues from mergers and joint ventures to marketing and sales programs. He served as Special Counsel to the Assistant Attorney General for Antitrust, United States Department of Justice, from 1993 - 1996. In that capacity he advised the Assistant Attorney General on civil antitrust enforcement priorities and managed several high priority civil cases.
In 2007, Mr. Wildfang served as a member of the American Antitrust Institute’s Department of Justice Transition Committee for the incoming Obama Department of Justice, Antitrust Division. In that capacity the AAI Transition Committee Report “DOJ Cartel Enforcement: Appraisal and Proposals” was submitted to the Administration.
Prior to joining Robins, Kaplan, Miller & Ciresi L.L.P., he was a partner at another firm in Minneapolis, where he practiced in antitrust litigation, business litigation, and health care law.
Mr. Wildfang has experience in antitrust litigation and counseling for over twenty-five years. He has represented parties in many private …
Jeff VanHooreweghe is Of Counsel within the antitrust practice in Wilson Sonsini Goodrich & Rosati's Washington, D.C., office. His practice encompasses all aspects of antitrust law, including criminal grand jury investigations, civil investigations, private litigation, merger clearance, and compliance counseling.
Prior to joining the firm, Jeff worked as an associate at Skadden, Arps, Slate, Meagher & Flom LLP in Washington, D.C. At Skadden, Jeff advised clients on a number of different matters before federal agencies and courts in the United States and abroad, with a particular focus on criminal grand jury investigations and private civil litigation. For example, Jeff served as a lead attorney for an international air carrier involved in a multi-year criminal price-fixing investigation and several putative class actions. He also advised several companies in the technology and energy industries in connection with merger and non-merger investigations before the United States Department of Justice and the European Commission.
Jeff began his legal career in 2001 as a trial attorney in the Attorney General's Honors Program with the Department of Justice's Antitrust Division. At the Antitrust Division, Jeff worked in the Networks & Technology Section on civil merger and non-merger matters in the information technology, software, and financial services industries. Some of the more notable litigation cases that Jeff worked on at the Antitrust Division include United States v. Microsoft Corp. (D.C. Cir.), United States v. Oracle Corp. (N.D. Cal.), and United States v. SunGard Data Sys., Inc. (D.D.C.).
Jeff VanHooreweghe is Of Counsel within the antitrust practice in Wilson Sonsini Goodrich & Rosati's Washington, D.C., office. His practice …
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About Katten Muchin Rosenman LLP
Katten is a full-service law firm with more than 600 attorneys in locations across the United States and in London and Shanghai. Katten’s Antitrust and Competition attorneys have represented clients in more than 40 industries. We have handled diverse and challenging antitrust and competition problems for clients across a wide range of businesses, including health care, financial services, consumer products, manufacturing, energy, entertainment, insurance, pharmaceuticals, military and consumer electronics, media, paper and transportation services.
Katten attorneys handle the full range of antitrust engagements. We advise clients on issues arising from relations with competitors, pricing, product distribution, monopolization, tying, group boycotts, price discrimination and intellectual property matters. Our antitrust litigation work includes representation of clients in government and private suits (including class actions), competitive tort situations, civil and criminal investigations (including grand juries), and competition claims arising out of intellectual property matters. Katten’s antitrust litigators include former Assistant United States Attorneys and Department of Justice attorneys.
Katten’s philosophy is to learn how our clients’ businesses work, understand their business objectives and help them navigate through an increasingly complex antitrust and regulatory environment. We work with our clients closely to help them achieve their business objectives.
About Ropes & Gray LLP
Ropes & Gray LLP is a leading global law firm with offices in New York, Washington, D.C., Boston, Chicago, San Francisco, Silicon Valley, London, Hong Kong, Shanghai, Tokyo, and Seoul. Built on a foundation of more than 140 years of forging strong client relationships, Ropes & Gray has over 1,000 lawyers and professionals representing interests across a broad spectrum of industries in corporate law and litigation matters, as well as counseling on labor and employment issues, tax and benefits, creditors’ rights, and private client services. The firm’s clients include leading industrial companies, financial institutions, government agencies, hospitals and health care organizations, colleges and universities, as well as families and individuals.
About Robins, Kaplan, Miller & Ciresi L.L.P.
Robins, Kaplan, Miller & Ciresi L.L.P. is among the nation’s premier trial law firms, with more than 220 attorneys in six major cities. Our attorneys litigate, mediate, and arbitrate client disputes, always at-the-ready for an ultimate courtroom battle. When huge forces are at play, major money is at stake, or rights are being trampled, we help clients cut through complexity, get to the heart of the problem, and win what matters most.
We are clearly focused on business results for our clients. We achieve landmark triumphs and drive thousands of other cases to resolution before they ever hit the courtroom or the front page. From Big Tobacco to Kraft v. Starbucks, Interchange to Bhopal and the World Trade Center—we have changed law, business, and society for the better by redefining what’s possible.
About Wilson Sonsini Goodrich & Rosati
For more than 50 years, Wilson Sonsini Goodrich & Rosati has offered a broad range of services and legal disciplines focused on serving the principal challenges faced by the management and boards of directors of business enterprises. The firm is nationally recognized as a leader in the fields of corporate governance and finance, mergers and acquisitions, private equity, securities litigation, employment law, intellectual property, and antitrust, among many other areas of law.
The firm’s antitrust attorneys assist clients on important, bet-the-company matters, and with counseling and compliance matters. The firm is consistently recognized as having a leading antitrust practice by Global Competition Review, Chambers Global, and Competition Law360.
The firm has offices in Austin; Beijing; Brussels; Hong Kong; Los Angeles; New York; Palo Alto; San Diego; San Francisco; Seattle; Shanghai; Washington, D.C.; and Wilmington, DE. For more information, visit www.wsgr.com.