Sherman Act’s Int’l Reach — A Hot Issue In 2013 And 2014

Samuel R. Miller, Esq.

Samuel R. Miller serves as an Independent Arbitrator and Mediator in complex commercial and intellectual property litigation. In over 40 years of practice, Mr. Miller has represented both plaintiffs and defendants in a wide range of complex cases, including antitrust, unfair competition, intellectual property, fraud, securities and derivative litigation, escrow services and title insurance claims, real estate-related litigation, banking and financial services litigation, employment litigation, and contract disputes. Mr. Miller has considerable trial experience, including civil and criminal jury trials, bench trials, arbitrations, and administrative hearings.

A number of important cases regarding the reach of the U.S. antitrust laws to conduct occurring overseas percolated through the courts in 2013. In particular, courts struggled with the meaning and impact of the Foreign Trade Antitrust Improvement Act,[1] which limits the extraterritorial reach of the Sherman Act. Cases are presently pending in the Second Circuit[2] and the Ninth Circuit[3] Courts of Appeals in which interpretation of the FTAIA are key questions.

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