The U.S. Court of Appeals for the Second Circuit recently issued a 2-1 decision in In re Vitamin C Antitrust Litig., dismissing antitrust claims against two Chinese pharmaceutical companies for reasons of international comity in a case that has lasted over 15 years.  On August 10, 2021, the Second Circuit held there was a “true conflict” between U.S. law and Chinese law because Chinese law required the price fixing at issue. Weighing this with the remaining factors in a comity analysis, the Second Circuit found that dismissal was warranted. Earlier in the proceedings, the Chinese government made its first official appearance in a U.S. court through submission of an amicus brief. The Second Circuit previously ruled in favor of dismissal in deference to the Chinese government’s
The US Court of Appeals for the Second Circuit dismisses antitrust claims against two Chinese pharmaceutical companies for reasons of international comity (Animal Science Products / Hebei Welcome Pharmaceutical)
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