Motorola Mobility and the FTAIA: A Deterrence-Based Definition of “Direct” Effect

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Joseph Harrington, Sep 17, 2014

In Motorola Mobility LLC v. AU Optronics, the Seventh Circuit Court of Appeals offers an interpretation of the Foreign Trade Antitrust Improvements Act, 15 U.S.C. §6a that has significant implications for the right to sue foreign companies under the Sherman Act. Here, I offer a different interpretation that is grounded in the objective of deterring harm to U.S. commerce.