FTAIA Fights to Continue Despite High Court Cert Refusal

June 15, 2015

Gregory Asciolla discusses recent SCOTUS decision regarding the Foreign Trade Antitrust Improvements Act

Partner and Antitrust & Competition Practice Co-Chair Gregory Asciolla commented on the U.S. Supreme Court's decision to not review the Foreign Trade Antitrust Improvements Act, which, according to Law360, "leaves plaintiffs and defendants alike with murky case law over the limits of U.S. antitrust law abroad at a time when cartel enforcement has become increasingly focused on global plots," in a case involving an LCD panel cartel.

"The court may have found there was no direct conflict on the definition of 'import commerce' question because AU Optronics Corp. [Hui Hsiung, Hsuan Bin Chen, AU Optronics Corp. and AU Optronics Corp. America Inc. v. U.S.] was a criminal case while Motorola [Motorola Mobility LLC v. AU Optronics et al.] and other courts have considered the question in the context of a private action," Asciolla said. "Similarly, both petitions agreed that the 'direct effects' issue was assumed in Motorola and the case really decided on the 'gives rise to' requirement, thus again questioning whether there was a direct conflict as this point in time."