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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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