Vitamin C Ruling May Trigger Comity Defense Resurgence
By Molly Donovan, Sofia Arguello and Jacob Clark (January 7, 2022, 3:45 PM EST) -- In an August 2021 decision in the long-running In re: Vitamin C Antitrust Litigation, the U.S. Court of Appeals for the Second Circuit dismissed price-fixing claims against several Chinese pharmaceutical companies on international comity grounds, holding that Chinese law essentially required the defendants to engage in the conduct alleged.
The implications of the case go beyond antitrust, and beyond even merits-based defenses.
This article explores a possible resurgence of comity-based defenses in discovery disputes — which have been asserted in the past with mixed success — but which could gain traction now post-Vitamin C.
In Vitamin C, the Second Circuit twice...
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