Motorola Mobility LLC v. AU Optronics Corp.

Brief of the United States Department of Justice, Federal Trade Commission, Department of State, and Department of Commerce before the U.S. Court of Appeals for the Seventh Circuit addressing the proper application of the provisions of the Foreign Trade Antitrust Improvements Act of 1982, 15 U.S.C. § 6a, which parallel those of Section 5(a)(3) of the FTC Act, 15 U.S.C. § 45(a)(3). The brief states that fixing the price of a foreign-produced component can directly, substantially, and reasonably foreseeably affect domestic commerce in products incorporating the component. It also states that effects on U.S. commerce do not give rise to damages claims by Motorola’s foreign affiliates but could give rise to damages claims by the first purchaser in affected U.S. commerce.