Empagran strikes back
This article was originally published in The Tan Sheet
Executive Summary
Washington, D.C. federal appeals court will revisit vitamin price-fixing claims in Empagran v. Hoffman-La Roche, on remand from Supreme Court. While the highest court ruled the foreign firms could not make U.S. antitrust claims for damages sustained in foreign countries, it noted Empagran et al. presented an alternative "global market" claim that was not addressed in the appeal (1"The Tan Sheet" June 21, 2004, p. 12). That claim maintains the allegedly anticompetitive activities that led to the injuries could not have occurred without a domestic effect. The appellate court will hear the claim and plans to set a schedule for briefing and oral argument, the court announces Nov. 2...
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Washington, D.C. federal appeals court will revisit vitamin price-fixing claims in Empagran v. Hoffman-La Roche, on remand from Supreme Court. While the highest court ruled the foreign firms could not make U.S. antitrust claims for damages sustained in foreign countries, it noted Empagran et al. presented an alternative "global market" claim that was not addressed in the appeal (1 (Also see "Supreme Court Vitamin Antitrust Ruling Throws Foreign Claims Out" - Pink Sheet, 21 Jun, 2004.), p. 12). That claim maintains the allegedly anticompetitive activities that led to the injuries could not have occurred without a domestic effect. The appellate court will hear the claim and plans to set a schedule for briefing and oral argument, the court announces Nov. 2.... |