ITC's US Steel Decision Unlikely To Have Broad Impact

By David Hickerson (March 30, 2018, 12:35 PM EDT) -- In a long-awaited decision in a case of first impression, the International Trade Commission ruled in a March 19, 2018, final determination that a complainant alleging price-fixing as an unfair act under Section 337 must also allege an antitrust injury, as would be required for a plaintiff who files a price-fixing complaint in federal district court.[1] The decision is unlikely to have a broad impact on future ITC investigations, as the claim asserted by U.S. Steel is not a frequently pursued antitrust claim.

In particular, U.S. Steel's claim asserted that Chinese steel producers fixed prices at below-market prices and caused it...

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