The case of the day is Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co. (S. Ct. 2018). I noted the case back in January. The case was a class action brought by purchasers of vitamin C against four Chinese manufacturers of the product, claiming they had agreed to fix the price of the product and thus violated the Sherman Act. The defendants moved to dismiss on the grounds that Chinese law required them to fix the price, and thus that they could not be liable under doctrines such as the act of state doctrine. In the District Court, the Chinese government submitted an amicus brief agreeing with the Chinese firms and stating that it had required them to adhere to a price regime.…
Tagged: China