Last week in Investigation No. 337-TA-1002 (certain carbon and alloy steel products); the U.S. International Trade Commission instituted an investigation of imported steel products from China. The investigation will include trade secret and antitrust claims. This marks a historic implementation, because antitrust claims are not typically utilized as grounds for an ITC investigation of unfair importation practices. And the ITC has only once found an antitrust violation. The U.S. Steel case could be pioneering in fleshing out the grounds for antitrust cases before the ITC.

Originally published in Law360, New York - May 31, 2016.