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.[1]

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.[2]

In Vitamin C, the Second Circuit twice...

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