In January 2018, the U.S. Supreme Court granted certiorari in In re vitamin C Antitrust Litigation, the first lawsuit in U.S. history where the Chinese government has intervened to take a position in a case. The request for Supreme Court review followed a September 2016 decision by the Second Circuit that set aside a US$147 million treble damages verdict for the U.S.-purchaser plaintiffs. In setting aside the verdict, the Second Circuit held that the district court had failed to follow the reasoning in a submission by the Chinese Ministry of Commerce about the meaning and effect of Chinese competition law.
Read this chapter in Shearman & Sterling’s 2019 Antitrust Annual Report, “In re vitamin C Antitrust Litigation.”The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.