Foreign Trade Antitrust Improvements Act (FTAIA) Checklist

Summary

This checklist highlights key considerations to determine whether the Foreign Trade Antitrust Improvements Act (FTAIA) will apply to foreign business activity, and therefore the Sherman Act will not apply. Where the FTAIA applies, it bars the application of the Sherman Act. The FTAIA states a general principle—the Sherman Act does not apply to foreign trade or commerce—then provides two exceptions to the general principle. The checklist contains two sections that correspond to these exceptions: (1) Conduct Involving Import Trade and (2) Conduct Involving Non-Import Trade.