Empagran, S.A. v. F. Hoffmann-LaRoche, Ltd.

Joint brief of the United States and the Federal Trade Commission, as amici curiae, addressing the proper application of the Foreign Trade Antitrust Improvements Act. This brief is in response to an order issued by the D.C. Circuit, which called for supplemental briefing regarding what action that court should take upon remand of the case to it by the Supreme Court. At issue is whether there is jurisdiction to proceed on the so-called “alternative theory” of liability described by the Supreme Court. The brief argues that, in lieu of remanding the case to the district court, the D.C. Circuit should hold that the “alternative theory” is legally insufficient to establish jurisdiction, and that the plaintiff’s complaint should be dismissed.