High Court Grants Certiorari In Vitamin C Antitrust Litigation

Nicholas B Melzer is a Partner, Janet Chung is an Associate both in our Los Angleles office.

On Friday, January 12, 2018, the United States Supreme Court agreed to hear the appeal of two Vitamin C purchasers in what has become known as In re: Vitamin C Antitrust Litigation. Appellants are seeking to overturn a 2016 Second-Circuit ruling that international comity required dismissal of an otherwise valid antitrust claim because the government of China asserted its laws required defendants to engage in anti-competitive conduct. The Supreme Court's grant of certiorari bodes well for those who believe the Second Circuit's holding affords too much deference to the views of foreign governments.