Alexandra Kay | Bloomberg Law In re Vitamin C Antitrust Litig., No. 06-MD-1738, 2011 BL 228801 (E.D.N.Y. Sept. 6, 2011) Chinese manufacturers of vitamin C must face price-fixing claims in the United States, the U.S. District Court for the Eastern District of New York recently held. According to plaintiffs, direct commercial buyers of vitamin C, defendants formed a cartel in 2001 to control prices and the export volume of vitamin C. Defendants did not dispute the price-fixing allegations, arguing instead that they were entitled to summary judgment because the Chinese government compelled their conduct. The court rejected defendants' argument and denied the motion, finding that defendants acted voluntarily; thus the defenses of foreign sovereign compulsion, act of state, and comity did not apply.
Pertinent Chinese Regulations for Vitamin C Exports
Defendants Claim the Chinese Government Compelled the Price-Fixing
Court Reject's Ministry's Interpretation of Chinese Law
Chinese Government Did Not Compel Defendants' Price-Fixing
Lack of Compulsion Was Fatal to Defenses Argued
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