09-C-0852, 10-C-0224 & 11-C-0162 Fond du Lac Bumper Exchange, Inc., v. Jui Li Enterprise Co., Ltd.

Antitrust
FTAIA

Under the Foreign Trade Antitrust Improvements Act, a district court has jurisdiction over a foreign corporation that export goods to the United States.

“The evidence strongly supports the conclusion that the activities that defendants engaged in were not the type of activities that Congress intended to exclude from Sherman Act jurisdiction. The evidence suggests that defendants’ alleged conspiracy focused on setting the prices of parts that were manufactured for the purpose of being sold in the United States and that such parts were in fact sold in the United States at prices established by the anti-competitive agreement. The complaint and the evidence indicate that there is a large American market for the parts in question (far larger than any market that might exist in Taiwan). The complaint and the evidence further indicate that defendants negotiated the sales of parts to importers at prices and in amounts established by the conspiracy and delivered the parts to their ships for transport to the United States. In addition, defendants traveled to the United States to market the parts and established affiliates in the United States to import, distribute and service them. Further, at least one defendant, an American affiliate, itself brought AM parts into the United States.”

09-C-0852, 10-C-0224 & 11-C-0162 Fond du Lac Bumper Exchange, Inc., v. Jui Li Enterprise Co., Ltd.

E.D.Wis., Adelman, J.