SCOTUS Hears Arguments On Vitamin C Conspiracy

New York Law Journal

Shepard Goldfein Karen Hoffman Lent

Last year, the defendants in a federal antitrust action admitted to forming a cartel in order to raise vitamin C prices, claiming that a Chinese law requiring them to coordinate prices created a "true conflict" with U.S. law. In an instantly polarizing decision, the U.S. Court of Appeals for the Second Circuit ruled that "principles of comity" required the defendants be granted immunity from antitrust liability. Last month, the U.S. Supreme Court heard oral arguments in the plaintiffs' appeal.

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