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Plaintiffs-appellants-cross-appellees Filetech S.A. and Filetech U.S.A., Inc. (collectively, "Filetech") appeal from so much of a judgment of the United States District Court for the Southern District of New York (Haight, J.) as dismissed the complaint in this action on the ground of international comity. According to the complaint, defendants-appellees-cross-appellants, France Telecom S.A. and France Telecom Incorporated (collectively, "France Telecom"), were engaged in anticompetitive conduct violative of various provisions of the Sherman Antitrust Act, 15 U.S.C. § 1 et seq. France Telecom cross-appeals from so much of the same judgment as denied dismissal of the complaint for lack of subject matter jurisdiction. The jurisdiction contention was grounded in (1) the Foreign Sovereign Immunities Act of 1976, 28 U.S.C. § 1602 et seq. ("FSIA"); and (2) the Foreign Trade Antitrust Improvements Act of 1982, 15 U.S.C. § 6a ("FTAIA").

For the reasons that follow, we vacate the judgment of the district court and remand for further proceedings consistent with this opinion.


157 F.3d 922 (1998)

FILETECH S.A., Filetech U.S.A., Inc., Plaintiffs-Appellants-Cross-Appellees, v. FRANCE TELECOM S.A., France Telecom Incorporated, Defendants-Appellees-Cross-Appellants.

Docket Nos. 97-9258, 97-9314.

United States Court of Appeals, Second Circuit.

Argued May 19, 1998.Decided October 6, 1998.New York Law School Location: File #2649, Box #139