High Court Signals Interest In Vitamin C Price-Fix Case

By Nicholas Melzer and Janet Chung (July 21, 2017, 12:25 PM EDT) -- The U.S. Supreme Court on June 26, 2017, took the somewhat unusual step of inviting the acting solicitor general to express the views of the United States regarding Animal Science Products Inc. v. Hebei Welcome Pharmaceutical Co. Ltd., et.al, Case No. 16-1220, otherwise known as the Vitamin C Antitrust Litigation. This request may signal the Supreme Court's intent to review the U.S. Court of Appeals for the Second Circuit's controversial decision in this case, No. 13-4791-cv (2d Cir. Sept. 20, 2016), which held that international comity required dismissal of an otherwise valid antitrust claim, with prejudice, because the government of China appeared amicus curiae and asserted that its laws required defendants to engage in anti-competitive conduct. The Second Circuit's ruling, if left to stand, may have far-reaching implications for U.S. companies working with foreign suppliers, manufacturers and distributors....

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