The Eastern District Court of New York holds that Chinese law did not compel the defendants in a cartel case to reach agreements on price and output (Vitamin C cartel)

In a recent, strongly worded federal antitrust decision, pleas for international comity by China’s nationalized vitamin industry and its regulatory overseer, China’s foremost trade industry, fell short in a showdown with U.S. domestic antitrust laws. The case indicates that foreign compulsion defenses are likely to be strictly and narrowly viewed when bumping against the domestic welfare statutes like the Sherman Act. Equally important, the case should signal a caution flag to industries coordinating in nationalized economies exporting to America. Specifically, in the multidistrict In re: Vitamin C Antitrust Litigation, plaintiffs alleged that four Chinese vitamin C manufacturers agreed to fix

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Authors

  • Sheppard Mullin (San Francisco)
  • Paul Hastings (Washington)

Quotation

Michael Cohen, Noah Pinegar, The Eastern District Court of New York holds that Chinese law did not compel the defendants in a cartel case to reach agreements on price and output (Vitamin C cartel), 6 September 2011, e-Competitions Bulletin September 2011, Art. N° 74733

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