United States Second Circuit

In a multi-district class action suit against pharmaceutical entities incorporated under the laws of China, alleging that defendants conspired to fix the price and supply of vitamin C sold to U.S. companies on the international market in violation of Section 1 of the Sherman Act, 15 U.S.C. section 1, and Sections 43 and of the Clayton Act, 15 U.S.C. sections 4 and 16, the District Court's denials of defendants' motion to dismiss and motion for summary judgment and award of damages to plaintiffs are: 1) vacated as to judgment where the Chinese Government filed a formal statement in the district court asserting that Chinese law required Defendants to set prices and reduce quantities of vitamin C sold abroad, and defendants could not simultaneously comply with Chinese law and U.S. antitrust laws; and 2) reversed as to denial of defendants' motion to dismiss on international comity grounds. The matter is remanded with instructions to dismiss plaintiffs' complaint with prejudice.

Appellate Information

• Published 2016/09/20

Judges

• HALL

Court

• United States Second Circuit

Counsel