United States Ninth Circuit

In an antitrust action brought against U.S. and foreign manufacturers and sellers of DRAM computer memory by a British computer manufacturer that purchased DRAM outside of the U.S., dismissal of the complaint for lack of subject matter jurisdiction under the Foreign Trade Antitrust Improvement Act (FTAIA) is affirmed where: 1) "but for" causation cannot suffice for the FTAIA domestic injury exception to apply, and instead a direct or proximate causal relationship is required; 2) under such standard, plaintiff failed to establish a causal link between the domestic effects of higher U.S. prices for DRAM and its foreign injury; and 3) there was no abuse of discretion in denying leave to amend.

Appellate Information

• Argued 03/13/2008
• Decided 08/14/2008
• Published 08/14/2008

Judges

Court

• United States Ninth Circuit

Counsel