The case of the day is In re Vitamin C Antitrust Litigation (E.D.N.Y. 2015). The plaintiffs obtained a $148 million judgment on a jury verdict against Hebei Welcome Pharmaceutical Co. and North China Pharmaceutical Group, both Chinese firms, for violations of the Sherman Act. The plaintiffs served discovery requests in aid of the judgment under FRCP 69. When the defendants failed to provide discovery, the plaintiffs sought an obtained an order requiring the defendants to respond. The defendants stated, however, that they would not respond to the discovery, because under Chinese law, specifically the rules of the State–Owned Assets Supervision and Administration Commission of Hebei Province, they would be subject to criminal sanctions if they provided the discovery. The plaintiffs sought to hold the defendants in contempt and sought a per diem monetary sanction in order to coerce compliance with the court’s orders.
Continue reading Case of the Day: In re Vitamin C Antitrust Litigation →