This year's problem examines both a jurisdictional issue and a
pleading issue in the context of an international antitrust action
brought under the Sherman Antitrust Act, 15 U.S.C. § 1, in which it
is alleged that the defendants conspired to manipulate the price of
indium, a mineral used in the production of electronic touchscreen
devices. Specifically, the problem asks whether certain statutory
requirements found in the Foreign Trade Antitrust Improvements Act of
1982, 15 U.S.C. § 6a (FTAIA), which limits the reach of the Sherman
Act, are jurisdictional or instead are elements of a Sherman Act claim.
The problem also asks participants to examine the proper construction of
those FTAIA requirements and determine whether the plaintiffs in this
case, direct and indirect purchasers of indium, have pleaded a claim
sufficient to survive defendants’ FRCP 12(b)(1) and 12(b)(6)
motion to dismiss.
Related Files2012 Moot Court Competition Problem
Complaint (Supplement to the 2012 Problem)