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Business Articles Awards > Asian Antitrust

Chinese companies win: US Antitrust judgment vacated on comity grounds

Anne M. Rodgers, Mark A. Robertson, Competition World, 2017 - First Edition

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Readers’ vote will close on February 9, 2018. Readers’ vote will allow you to nominate 1 article for each of the Awards, i.e., 10 Academic articles, 10 Business articles, and the best Soft Laws. The readers’ short-list of Academic and Business Articles will be communicated to the Board together with the 20 articles nominated by the Steering Committees. The Board will decide on the award-winning articles. Results will be announced at the Awards ceremony to take place in Washington DC on the eve of the ABA Antitrust Spring Meeting on April 10, 2018.

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In an opinion issued on September 20, 2016, In re: Vitamin C Antitrust Litigation, the Second Circuit unanimously held that US courts must respect a foreign government’s—in this case, China’s—interpretation of its laws or regulations where the foreign government directly participates in United States (US) court proceedings and demonstrates a true conflict of laws between the two countries. This long-awaited opinion, vacating a 2013 antitrust price-fixing jury verdict against Chinese vitamin C manufacturers, opens US antitrust and other laws to more comity arguments, particularly from businesses in China. In recognizing the unique nature of China’s economic-regulatory system, the Court’s decision represents a victory for the Chinese defendants and offers a possible defense for businesses that face different and contradictory sets of laws or regulations abroad.

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