Lotes Co., Ltd. v. Hon Hai Precision Industry Co., Ltd., et al.

Brief of the United States Department of Justice and Federal Trade Commission before the U.S. Court of Appeals for the Second Circuit addressing the proper application of the provisions of the Foreign Trade Antitrust Improvements Act of 1982, 15 U.S.C. § 6a, which parallel those of Section 5(a)(3) of the FTC Act, 15 U.S.C. § 45(a)(3). The brief takes the position that (a) the district court decision dismissing plaintiff’s antitrust complaint may be affirmed on the ground that the plaintiff’s claim does not arise from anticompetitive effects on U.S. commerce, and (b) the analysis of the effects of defendants’ alleged conduct failed to follow the proper “proximate cause” standard.