Our colleagues Jay Levine and Jason Startling recently wrote an interesting post on Porter Wright’s FedSec Law Blog. Though the article covers some interesting international and antitrust issues, the case Jay and Jason focus on is one that many in the technology industry may wish to follow. With technology products in particular, more and more goods are sold outside of the United States, yet seem to find their way back into the U.S. economy — often as a resale product or as part of a finished downstream product. The question that arises for many companies is whether U.S. antitrust law applies to that foreign sale. The article discusses how the Foreign Trade Antitrust Improvements Act (FTAIA), governs this conduct.
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