Antitrust and Unfair Competition Law

Competition: Fall 2014, Vol. 23, No. 2

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.

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