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.