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O’Melveny Lawyers Pen Article on FTAIA’s Domestic Effects Test for ABA’s Antitrust

July 07, 2015 O'Melveny & Myers partners Ian Simmons and Benjamin Bradshaw, along with associate Stephen McIntyre, co-authored the article, "Where To Draw the Line: Should the FTAIA’s Domestic Effects Test Apply in Criminal Prosecutions?" The piece appears in the Summer 2015 issue of the American Bar Association publication, Antitrust.  In the article, the authors propose that the domestic effects exception of the Foreign Trade Antitrust Improvements Act (FTAIA), "which requires that any alleged effect on US commerce 'give rise to' the plaintiff’s 'claim,' should not be available in criminal prosecutions."  According to the authors, “the statute’s plain language makes clear that Congress did not have criminal prosecutions in mind when it mandated that the federal antitrust laws shall only apply to foreign conduct that directly affects US commerce and whose domestic effect ‘gives rise to a claim.’”

Simmons, Bradshaw, and McIntyre are members of O’Melveny’s Antitrust and Competition Practice.  Simmons and Bradshaw reside in the Firm’s Washington, DC office and McIntyre resides in the Los Angeles office.