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Antitrust Litigation Comity

Jones Day

Second Circuit—Once Again—Overturns on Comity Grounds Multi-Million Dollar Price-Fixing Judgment

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The U.S. Court of Appeals for the Second Circuit recently issued a decision in In re Vitamin C Antitrust Litigation, reversing a $148 million price-fixing judgment against two Chinese exporters of vitamin C, remanding the...more

Latham & Watkins LLP

SCOTUS: US Courts Not Bound by Foreign Government’s Statement of Its Laws

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The Supreme Court has ruled US federal courts should carefully consider a foreign government’s interpretation of its own domestic laws, but are not required to give it conclusive effect. Key Points - ..The Supreme...more

A&O Shearman

Supreme Court: Foreign Government Submissions Are Not Binding on US Courts

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On June 14, Justice Ginsberg, writing for a unanimous U.S. Supreme Court, reversed a 2016 opinion by the Second Circuit and held that a foreign government’s interpretation of its own law is not binding on U.S. courts....more

Proskauer - Corporate Defense and Disputes

Supreme Court Rules That Federal Courts Are Not Bound to Give Conclusive Effect to Foreign Governments’ Statements About Their...

The Supreme Court ruled today that, when a foreign government presents a formal submission to a federal court about the content of the government’s own laws, the court should accord “respectful consideration” to the...more

A&O Shearman

Antitrust Discovery and International Comity: Limitations to Document Production

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Under the Federal Rules of Civil Procedure, there are no geographical limitations on discovery requests. Overview Of International Comity In The Antitrust Discovery Context - A U.S. court could theoretically order the...more

Dorsey & Whitney LLP

Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co.

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On April 24, 2018, the Supreme Court of the United States will hear arguments on the issue of whether a court may exercise independent review of the meaning of a foreign country’s domestic law, or whether a court is “bound to...more

Skadden, Arps, Slate, Meagher & Flom LLP

US Supreme Court To Consider Degree of Deference Courts Should Give Foreign Countries' Interpretation of Their Laws

On January 12, 2018, the United States Supreme Court granted certiorari in Animal Science Products v. Hebei Welcome Pharmaceutical Co. (In re Vitamin C Antitrust Litigation), No. 16-1220. The issue before the Supreme Court is...more

Holland & Knight LLP

High Court Grants Certiorari in Vitamin C Antitrust Litigation

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On Friday, January 12, 2018, the United States Supreme Court agreed to hear the appeal of two Vitamin C purchasers in what has become known as In re: Vitamin C Antitrust Litigation. Appellants are seeking to overturn a 2016...more

Holland & Knight LLP

The United States Supports Certiorari in the Vitamin C Antitrust Litigation

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On November 14, 2017, following a rare invitation from the U.S. Supreme Court earlier this year, newly confirmed Solicitor General Noel Francisco submitted an amicus curiae brief on behalf of the United States in Animal...more

Holland & Knight LLP

Supreme Court Seeks Input of United States in International Price-Fixing Case - Request Could Signal Intent to Review Second...

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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...more

Proskauer - Minding Your Business

A Sovereign Thumb on the Scale: Appeals Court Defers to China’s Interpretation of Its Own Laws To Dismiss Antitrust Suit

The Second Circuit recently set aside a $147 million verdict against two Chinese companies accused of conspiring to fix the price and supply of vitamin C sold to U.S. buyers. In re Vitamin C Antitrust Litigation. The panel...more

Wilson Sonsini Goodrich & Rosati

WSGR Persuades Second Circuit to Overturn $150 Million Judgment Against Chinese Vitamin C Manufacturers

On September 20, 2016, the U.S. Court of Appeals for the Second Circuit issued its decision in a closely watched dispute over the question of whether foreign companies may be held liable under U.S. antitrust law for price...more

Patterson Belknap Webb & Tyler LLP

Comity Over Competition in Vitamin C Antitrust Litigation

Forced to choose between the competing concerns of international comity and United States antitrust law in In re: Vitamin C Antitrust Litigation, a unanimous panel of the Court of Appeals for the Second Circuit decided this...more

BakerHostetler

Caught Between a Rock and a Hard Place: The Second Circuit to Decide Appeal From Cartel Defendants Who Argued Compliance With...

BakerHostetler on

On January 28, 2016, the United States Court of Appeals for the Second Circuit heard arguments on whether the doctrines of act of state, foreign sovereign compulsion, and international comity required the reversal of a jury’s...more

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