S H E A R M A N & S T E R L I N G L L P | 1 1 3
ANTITRUST LITIGATION
In January 2018, the U.S. Supreme Court
granted certiorari in In re vitamin C Antitrust
Litigation, the first lawsuit in U.S. history where
the Chinese government has intervened to
take a position in a case. The request for
Supreme Court review followed a September
2016 decision by the Second Circuit that set
aside a US$147 million treble damages verdict
for the U.S.-purchaser plaintiffs. In setting
aside the verdict, the Second Circuit held
that the district court had failed to follow the
reasoning in a submission by the Chinese
Ministry of Commerce about the meaning
and effect of Chinese competition law.
Continued overleaf
IN RE VITAMIN C
ANTITRUST
LITIGATION
BY BRIAN BURKE