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15 U.S.C. § 6aConduct involving trade or commerce with foreign nations

submitted 136 years ago by Pub. L. 97-290 to r/title-15-COMMERCE-AND-TRADE · 153 words · no verdicts yet

in plain englishAI-generated · not legal advice

The antitrust laws in sections 1 through 7 usually don't cover foreign trade, except import trade. They do apply if that foreign conduct has a direct, foreseeable effect on U.S. domestic or import commerce, or on a U.S. exporter's business. Even then, an export-only effect only supports a claim for harm to that export business.

Sections 1 through 7 of this title — the core antitrust laws — normally don't apply to trade or commerce with foreign nations, except for import trade or import commerce, which stays covered. There's an exception that brings foreign conduct back under these laws: it applies if the conduct has a direct, substantial, and reasonably foreseeable effect either on trade or commerce that isn't with foreign nations, or on import trade or commerce with foreign nations, or on the export trade or export commerce of a person doing that trade in the United States. Even then, the conduct is only covered if that effect actually gives rise to a legal claim under sections 1 through 7 — not counting this section itself. There's one more limit: if sections 1 through 7 apply to the conduct only because of an effect on someone's export business (the second kind of effect described above), then those sections only apply to the extent of harm to that export business in the United States.
the actual law source: uscode.house.gov ↗public domain

Sections 1 to 7 of this title shall not apply to conduct involving trade or commerce (other than import trade or import commerce) with foreign nations unless—

(1)

such conduct has a direct, substantial, and reasonably foreseeable effect—

(A)

on trade or commerce which is not trade or commerce with foreign nations, or on import trade or import commerce with foreign nations; or

(B)

on export trade or export commerce with foreign nations, of a person engaged in such trade or commerce in the United States; and

(2)

such effect gives rise to a claim under the provisions of sections 1 to 7 of this title, other than this section.

If sections 1 to 7 of this title apply to such conduct only because of the operation of paragraph (1)(B), then sections 1 to 7 of this title shall apply to such conduct only for injury to export business in the United States.

Source credit: (July 2, 1890, ch. 647, § 7, as added Pub. L. 97–290, title IV, § 402, Oct. 8, 1982, 96 Stat. 1246.)

history & why it existsrecord from the source credit
  • 1890Enacted · Pub. L. 97-290 · 96 Stat. 1246

A history note hasn’t been published yet. The record shows enactment by Pub. L. 97-290 on 1890-07-02.

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