The Future Of Antitrust Claims At The ITC

Law360 (May 15, 2018, 12:01 PM EDT) -- In March, the U.S. International Trade Commission issued its long-awaited opinion in Certain Carbon and Alloy Steel Products, nearly a full year after the ITC held a rare full-day oral hearing before the full commission. The ITC dismissed the antitrust-based Section 337 complaint brought by complainant U.S. Steel, holding that U.S. Steel failed to plead the requisite “antitrust injury” to maintain its action before the ITC. While one commissioner (Commissioner Meredith M. Broadbent) dissented from the ITC’s decision, the commission’s dismissal of U.S. Steel’s complaint caused...
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