Repeal the FTAIA! (Or At Least Consider It as Coextensive with Hartford Fire)

This article is part of a Chronicle. See more from this Chronicle

Robert Connolly, Sep 17, 2014

The goal of this article is to advance two propositions: 1) that the Foreign Trade Improvements Act (“FTAIA”) should be repealed; and 2) that Motorola Mobility can be decided through the principles set forth in Hartford Fire and Illinois Brick.

The FTAIA was passed in 1982. A primary motivation behind the FTAIA was to give immunity to American exporters to engage in anticompetitive conduct—as