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Competition and the State$
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D. Daniel Sokol, Thomas K. Cheng, and Ioannis Lianos

Print publication date: 2014

Print ISBN-13: 9780804789394

Published to Stanford Scholarship Online: September 2014

DOI: 10.11126/stanford/9780804789394.001.0001

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PRINTED FROM STANFORD SCHOLARSHIP ONLINE (www.stanford.universitypressscholarship.com). (c) Copyright Stanford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in SSO for personal use.date: 08 May 2021

The Foreign Trade Antitrust Improvements Act

The Foreign Trade Antitrust Improvements Act

Further Limitations on the Ability of the Antitrust Regime to Promote Consumer Welfare

(p.134) Chapter 8 The Foreign Trade Antitrust Improvements Act
Competition and the State

Joseph P. Bauer

Stanford University Press

The Foreign Trade Antitrust Improvements Act of 1982 (FTAIA) expressly excludes certain conduct from the antitrust laws, while maintaining the principle that they should continue to apply to import commerce and to foreign behavior having a domestic effect. In the intervening three decades, however, courts have given improperly broad readings to the FTAIA's exclusionary provisions. The result has been to deny to American competitors and American consumers the appropriate level of protection afforded them by the antitrust laws. This chapter reviews the history leading up to the passage of the FTAIA and discusses its provisions. It then examines and critiques the judicial treatment the FTAIA has received. It concludes that many of these decisions are wrong—both as a matter of statutory interpretation and as a matter of policy—and urges either a judicial redirection or legislative correction.

Keywords:   FTAIA, antitrust, international law

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