Lawyers at the US Justice Department defied China’s Ministry of Commerce in a brief urging the US Supreme Court to review the dismissal of an antitrust class action against a cartel of Chinese vitamin manufacturers, reported Reuters.
The brief, filed by the US Solicitor General and the Justice Department’s antitrust chief, argues that the 2nd US Circuit Court of Appeals paid too much deference to the Chinese ministry’s characterization of Chinese antitrust law.
The US government recommended the Supreme Court hear the case, Animal Science Products v. Hebei Welcome Pharmaceutical, to clarify how much weight US courts should give to foreign sovereigns’ descriptions of their laws.
The respondents are Chinese manufacturers and exporters of Vitamin C that have been accused of anti-competitive behavior in violation of the Sherman Act. The companies do not contest these allegations but argue that they were compelled to act by Chinese laws and regulations.
Full Content: Reuters
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