Antitrust and Consumer Protection
Competition: Fall 2014, Vol. 23, No. 2
Content
- "All Natural" Class Actions: a Plaintiff Perspective
- Appellate Courts Grapple With the Foreign Trade Antitrust Improvements Act—Plaintiffs' Perspective
- Cafa: Recent Developments On the Jurisdictional and Settlement Fronts
- Chair's Column
- Defense Perspective: "All Natural" Class Actions
- Editor's Note
- Federal and State Class Antitrust Actions Should Not Be Tried In a Single Trial
- Ftc V. Wyndham Worldwide Corporation, Et Al. and the Ftc's Authority To Regulate Companies' Data Security Practices
- Joint Trial of Direct and Indirect Purchaser Claims
- Masthead
- Plaintiff Perspective: the Long Arm of State Antitrust Law
- Recoveries For Violations of Federal and California Antitrust Statutes Should Not Be Apportioned
- So Your Suppliers Conspired Against You: An Antitrust Class Action Opt-out Primer
- The Misapplication of Associated General Contractors To Cartwright Act Claims
- The Problem of Duplicative Recovery Under Federal and State Antitrust Law
- Why Associated General Contractors Should Be Used To Assess Standing In Cartwright Act Cases
- The Ftaia Limits the Extraterritorial Reach of State Antitrust Laws
THE FTAIA LIMITS THE EXTRATERRITORIAL REACH OF STATE ANTITRUST LAWS
By Dominique-Chantale Alepin1 and Jonathan Guss2
I. INTRODUCTION
The importance of foreign trade of material and industrial goods to the United States economy cannot be overstated. In 2013, total U.S. trade with foreign countries (goods and services) was $5.02 trillion.3 Goods are the most important piece of foreign commerce: in 2013, they accounted for more than 80% of all U.S. imports ($2.263 trillion) and 66% of U.S. exports ($1.5 trillion).4
Labels like "Made in America" and "Made in China" belie the complex international networks of production underlying many products. "Nothing is more common nowadays than for the products imported to the United States to include components that producers had bought from foreign manufacturers."5 Take the average smartphone: a device may be assembled in China using parts from multiple suppliers manufactured on several different continents.6 As modern manufacturing has become increasingly globalized, the production of goods has been fragmented across the globe and dispersed among many different companies.