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.[1] 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.[2] 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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