In a widely awaited opinion, the Seventh U.S. Circuit Court of
Appeals in Chicago has issued an opinion which affects the scope of
government enforcement actions and which purchasers may pursue
private civil treble damage actions under the U.S. Sherman Act when
alleging price fixing on parts and products sold to global supply
chains. Motorola Mobility LLC v. AU Optronics Corp, Case
No. 14-8003 (7th Cir. November 26, 2014). The Court received briefs
not only from the parties but also amicus briefs from the
governments of the United States, Korea, Taiwan, Japan and Belgium
as well as other private groups.
The United States was seeking to have the Court to clarify that
it could pursue not only cartel members who price fix component
parts and ship them into the United States, but also cartel members
who price fix component parts which are incorporated into and raise
the price of finished products manufactured or assembled abroad and
shipped into the United States. There
