The US Supreme Court blocks foreign plaintiffs from bringing price-fixing cartel claims (Hoffman-LaRoche / Empagran)

On June 14 2004, in a unanimous judgment, [1] the Supreme Court blocked foreign plaintiffs from bringing an antitrust claim in U.S. courts seeking damages based on higher foreign prices that are allegedly independent of the domestic effects of higher domestic prices. [2] However, the case was remanded to consider whether the foreign plaintiffs can claim that the foreign effects were not independent. In this case of F. Hoffman-La Roche Ltd. v. Empagran, the business community was hoping for a decision that would prevent foreign plaintiffs from suing in U.S. courts for treble damages for conduct that occurred outside the U.S., which potentially dramatically increases a company’s liability. Although the foreign purchasers are held at bay for now, it is unclear whether they will eventually

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Authors

  • Skadden, Arps, Slate, Meagher & Flom (Washington DC)
  • Skadden, Arps, Slate, Meagher & Flom (New York)
  • Skadden, Arps, Slate, Meagher & Flom (Washington DC)

Quotation

John M. Nannes, Shepard Goldfein, Benjamin C., Jr. Crisman, The US Supreme Court blocks foreign plaintiffs from bringing price-fixing cartel claims (Hoffman-LaRoche / Empagran), 14 June 2004, e-Competitions Bulletin US Private Enforcement, Art. N° 45646

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