Foreign Trade Antitrust Improvements Act (FTAIA) and the Extraterritorial Reach of U.S. Antitrust Laws


Summary

This practice note addresses the extraterritorial reach of U.S. antitrust laws—that is, their application to international trade or commerce. Specifically, this practice note explains the interplay between the Sherman Act, which prohibits anticompetitive conduct, and the Foreign Trade Antitrust Improvements Act (1982) (FTAIA), which defines the Sherman Act's extraterritorial application. Generally, the FTAIA provides that the Sherman Act does not apply to purely foreign activity, but the Sherman Act could apply to partially foreign activity. This practice note outlines significant considerations to help you understand when U.S. antitrust law reaches foreign conduct.