The United States Court of Appeals for the Second Circuit vacates and reverses an antitrust verdict (Chinese vitamin C)

The United States Court of Appeals for the Second Circuit (the Second Circuit) in New York has vacated and reversed a USD 147 million antitrust verdict against a Chinese vitamin C manufacturer and its holding company, ruling that the district court should have granted Defendants’ original motion to dismiss. The case represents the first time an agency of the Chinese government, MOFCOM, appeared as amicus in a US court to inform the US court of applicable Chinese law, an occasion which the Court of Appeals called historic. Plaintiffs, US vitamin C purchasers, brought a class action on behalf of all such purchasers alleging that Defendant Chinese manufacturers violated Section 1 of the Sherman Act with the “purpose and effect of fixing prices, controlling the support of vitamin C to be

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Fiona Carlin, Charles H. Critchlow, Mark Hamer, The United States Court of Appeals for the Second Circuit vacates and reverses an antitrust verdict (Chinese vitamin C) , 20 September 2016, e-Competitions Bulletin September 2016, Art. N° 84563

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