DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
054303P.pdf 02/08/2007 Inquivosa SA v. Ajinomoto Co.
U.S. Court of Appeals Case No: 05-4303
and No: 05-4307
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Wollman, Author, with Beam and Riley, Circuit Judges]
Civil case - Antitrust. Under the Foreign Trade Antitrust
Improvements Act of 1982, a plaintiff may state a Sherman Act
claim if the foreign conduct complained of has a direct, substantial
and reasonably foreseeable effect on domestic commerce; the court
adopts the D.C. Circuit's analysis in Empagran S.A. v. F.
Hoffmann-Laroche, Ltd. 417 F.3d 1267 (D.C. Cir. 2005), cert. denied,
126 S.Ct. 1043 (2006), which requires a plaintiff to show that
the domestic effects of the anticompetitive conduct were the direct
or proximate cause of the plaintiff's claims; here, the district
court did not err in finding that plaintiffs failed to meet this
standard and did not err in dismissing the action for failing to
state a claim under the Sherman Act.