Antitrust Damages Analysis Can Respect International Comity
By Dr. Pian Chen and David D’Auria (April 24, 2018, 3:58 PM EDT) -- The U.S. Supreme Court heard arguments on April 24, 2018, over whether the Second Circuit should have dismissed a $147 million judgement against Chinese manufacturers of vitamin C. The antitrust case — Animal Science Products v. Hebei Welcome Pharmaceutical — was nixed on international comity grounds because a Chinese government agency declared in an amicus brief that the price-fixing was required by Chinese law. The controversial issue is whether the court should have given complete deference to that declaration, or whether it should consider documentary evidence suggesting that the price-fixing was voluntary. The U.S. Department of Justice, Antitrust Institute, U.S. Chamber of Commerce,...
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