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Reviews in Review
By Ellen S. Podgor
Reviews in Review columns.
Max Huffman, A Retrospective of Twenty-Five Years of the Foreign
Trade Antitrust Improvements Act, 44 Houston Law Rev. 285 (2007):
If you have a criminal antitrust case that has an extraterritorial
issue, this article may provide some assistance. Professor Max Huffman
dissects the Foreign Trade Antitrust Improvements Act (FTAIA) and in the
process provides an extraordinary overview of the precedents
surrounding extraterritoriality in the antitrust area.
The article begins with a review of “[t]he common law of antitrust
extraterritoriality.” He distinguishes cases such as American Banana and
Alcoa. He follows this discussion with comments on the “effects test”
as it relates to international comity concerns. And in the footnotes of
this piece one finds references to other articles, provisions of the
Restatement, and other materials that can provide support for claiming
that the government should not proceed with an extraterritorial
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