ITC Grants Oral Argument

As we have previously reported, the Commission recently heard its first Section 337 oral argument in nearly ten years. Hot on the heels of that proceeding, the ITC has again granted an oral argument in a Section 337 investigation. This time they have asked for argument on an antitrust claim that was terminated by the presiding ALJ.

The Case

The ITC instituted Certain Carbon and Alloy Steel, Inv. No. 337-TA-1002 on June 2, 2016, pursuant to a complaint filed by United States Steel Corporation ("U.S. Steel") alleging a violation of Section 337 based on: (1) a conspiracy to fix prices and control output and export volumes, the threat or effect of which is to restrain or monopolize trade and commerce in the United States; (2) misappropriation and use of trade secrets, the threat or effect of which is to destroy or substantially injure an industry in the United States; and (3) false designation of origin or manufacturer, the threat or effect of which is to destroy