3 Key Issues in the Foreign Antitrust Reach Cert. Fight

March 19, 2015

Gregory Asciolla comments on cert petitions over the limits of the Foreign Trade Antitrust Improvements Act

In an article discussing “dueling certiorari petitions” over the liquid crystal display panel (LCD) cartel and whether it is something the U.S. Supreme Court will address as it questions the international reach of U.S. antitrust law, Labaton Sucharow partner Gregory Asciolla shared his thoughts.

"Both petitions agree that the 'direct effects' issue was assumed in Motorola [Motorola v. AUO] and really decided on the 'gives rise to' requirement, thus again questioning whether there is a direct conflict as this point in time, he said.

The petitions focus on a pair of 2014 circuit court rulings that dealt with the limits the FTAIA and stem from the U.S. Department of Justice's investigation and prosecution of several electronics companies for conspiring to fix the price of LCD panels.