The Champion

September/October 2007 , Page 47 

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Reviews in Review

By Ellen S. Podgor

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Antitrust

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 antitrust applicatio

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