Citation Number: 05-5754-cv
Federal Court: U.S. Circuit Court of Appeals for the Second Circuit
Joint brief of the United States and the Federal Trade Commission, as amici curiae, addressing the proper application of the Foreign Trade Antitrust Improvements Act where a foreign plaintiff's claimed injury from an alleged antitrust conspiracy does not arise from the effects of that conspiracy on U.S. commerce. This brief was provided in response to an order from the Second Circuit. It argues that the district court properly dismissed plaintiffs' complaint for lack of jurisdiction, and that plaintiffs' claims represent an attempt to expand the Sherman Act's scope that is contrary to the FTAIA.