Global Reinsurance Corp. v. Equitas Ltd

Smith, J. (concurring).

I agree with the result reached by the majority, and with most of the reasoning in the majority opinion. My only reservation is about the majority’s analysis (which, as it acknowledges, is not essential to its decision) of whether the allegations in the complaint would state a claim under the federal antitrust laws. The implications of the Foreign Trade Antitrust Improvements Act of 1982 (15 USC § 6a) for this case (and for many other cases) are, to me at least, far less than clear. I would prefer to express no opinion about them, and simply to rely on the state law…