Potash Case Brings FTAIA to the Limelight

Global Competition Review (GCR)
January 24, 2013

Gregory Asciolla comments on the pending US Supreme Court petition surrounding the US Foreign Trade Antitrust Improvements Act and how the result could create an influx of litigation that could potentially infringe on the sovereignty of other countries

"The broader the statue is interpreted, the more foreign commerce falls into the reach of the Sherman Act and the greater the chance our laws affect the sovereign laws of other nations and allow plaintiffs to prosecute even more anti­competitive conduct overseas, Gregory Asciolla, at Labaton Sucharow in New York said today during a panel discussion put on by the New York Bar Association.