Motorola Mobility LLC v. AU Optronics

Brief of the United States Department of Justice and Federal Trade Commission before the U.S. Court of Appeals for the Seventh 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 supports the appellant’s request for rehearing on grounds that a panel of the Seventh Circuit erred in affirming a district court’s dismissal of the case. The brief takes the position that (a) the panel’s decision concerning the effects showing required under the FTAIA conflicts with the Seventh Circuit’s precedent in Minn-Chem, Inc. v. Agrium, Inc., 683 F.3d 845 (7th Cir. 2012) (en banc), and (b) the issue of whether the effects on U.S. commerce give rise to Motorola’s claims merits further briefing and argument.