Page:United States Statutes at Large Volume 96 Part 1.djvu/1288

 96 STAT. 1246 Foreign Trade Antitrust Improvements Act of 1982.

15 USC 1 note.

PUBLIC LAW 97-290—OCT. 8, 1982 TITLE IV—FOREIGN TRADE ANTITRUST IMPROVEMENTS SHORT TITLE

SEC. 401. This title may be cited as the "Foreign Trade Antitrust Improvements Act of 1982". AMENDMENT TO SHERMAN ACT

15 USC 6a.

SEC. 402. The Sherman Act (15 U.S.C. 1 et seq.) is amended by inserting after section 6 the following new section: "SEC. 7. This Act shall not apply to conduct involving trade or commerce (other than import t ^ e 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 this Act, other than this section. If this Act applies to such conduct only because of the operation of paragraph (1)(B), then this Act shall apply to such conduct only for injury to export business in the United States.". AMENOBIENT TO FEDERAL TRADE COMMISSION ACT

SEC. 403. Section 5(a) of the Federal Trade Commission Act (15 U.S.C. 45(a)) is amended by adding at the end thereof the following new paragraph: "(3) This subsection shall not apply to unfair methods of competition involving commerce with foreign nations (other than import commerce) unless— "(A) such methods of competition have a direct, substantial, and reasonably foreseeable effect— "(i) on conmierce which is not commerce with foreign nations, or on import commerce with foreign nations; or "(ii) on export conmierce with foreign nations, of a person engaged in such commerce in the United States; and

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