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Article: In class action suit by vitamin buyers against vitamin distributors, U.S. Supreme Court holds that Sherman Act does not reach foreign antitrust activity occurring within and outside United States that causes injury to foreign customer where that injury is independent of any injury to domestic customer.
- Article from:
- International Law Update
- Article date:
- June 1, 2004
CopyrightCOPYRIGHT 2004 Transnational Law Associates. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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The Foreign Trade Antitrust Improvement Act of 1982 (FTAIA) [15 U.S.C. Section 6a, a 1982 amendment to the Sherman Act] excludes from the reach of the Sherman Act anticompetitive conduct that merely causes injury abroad. The statute initially creates a blanket provision stating that the Sherman Act "shall not apply to conduct involving trade or commerce (other than import trade or import commerce) with foreign nations." 15 U.S.C. Section 6a. It provides for exceptions, however, to the general rule where that conduct significantly harms imports, domestic commerce, or American exporters.
The foreign buyers of vitamins and related products brought this action ...