By on June 30th, 2015. This post currently has no responses.

CCC’s: Supreme Court Declines to Take up FTAIA Appeals

The Supreme Court has declined to hear the appeal from the Ninth Circuit decision affirming the convictions of AU Optronics and its executives in the TFT-LCD price-fixing cartel.  The Court also declined to review the Seventh Circuit case of Motorola Mobility where the Seventh Circuit dismissed civil damages claims for price-fixing purchases made by Motorola’s foreign subsidiaries from the same cartel.   Reuters story here.

In an April 9th blog post, I had opined that the Supreme Court would not hear either of the appeals because a): each case was decided correctly, and b) there was no conflict between the Ninth and Seventh Circuits on the application of the FTAIA. (here).  On May 15th, the DOJ filed a brief opposing the cert. petitions of AU Optronics and Motorola. (here)

I have no doubt that the Supreme Court will eventually be addressing the FTAIA. But, neither of these cases were the appropriate vehicle to do so.