United States Second Circuit

The district court’s judgment dismissing plaintiff's federal antitrust claims for lack of subject matter jurisdiction under the Foreign Trade Antitrust Improvements Act (FTAIA), and declining to exercise supplemental jurisdiction over plaintiff's remaining state‐law claims is affirmed, where: 1) the requirements of the FTAIA are non-jurisdictional; but 2) defendants have not waived these nonjurisdictional requirements by contract in this case; 3) foreign anticompetitive conduct has a direct effect on U.S. domestic or import commerce under the FTAIA, where there is a reasonably proximate causal nexus between the conduct and the effect; and 4) without deciding whether plaintiff here has plausibly alleged a "direct, substantial, and reasonably foreseeable effect" on U.S. domestic or import commerce under the FTAIA, any such effect did not "give rise to" plaintiff's claims.

Appellate Information

• Decided 06/04/2014
• Published 06/04/2014

Judges

• KATZMANN

Court

• United States Second Circuit

Counsel