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Foreign Component Cartels and the U.S. Antitrust Laws: A First Principle Approach

Leon B. Greenfield, Steven F. Cherry, Perry A. Lange, Jacquelyn L. Stanley, Antitrust, Vol. 29, Issue 2, pp. 18-27, Spring 2015

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We first show that U.S. antitrust laws allow claims for injury suffered as a result of conduct that impairs the competitive process in a U.S. market, not conduct that merely leads to inflated prices thereā€”the critical first principle from which our conclusion follows. Next, we explain how the FTAIA is properly applied to cases involving finished products in light of this principle. We then show that important considerations of international comity further support this application of the FTAIA. Next, we demonstrate that state-law indirect purchaser claims are subject to the same limitation. Finally, we explain that correctly applying the FTAIA to foreign component cartels will typically still leave the U.S. government latitude for criminal prosecutions.

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