Conflicts Keyed to Currie
F. Hoffman-La Roche Ltd. v. Empagran S.A.
Plaintiffs, foreign and domestic purchasers of vitamins (Plaintiff), sued manufacturers (Defendant) of vitamins claiming that the manufacturers violated the Sherman Act by engaging in a scheme of fixing prices. Defendants moved to dismiss the foreign purchasers, who came from Ecuador, Ukraine, Panama, and Australia. The District Court allowed the motion on the grounds that the FTAIA excludes anticompetitive conduct from the Sherman Act that only causes foreign injuries. No dispute exists that the relevant transactions involving the foreign purchasers all occurred outside of United States commerce. The appeals court reversed, holding that the FTAIA’s domestic injury exception applied here. Under that exception, the Sherman Act will apply where the price fixing conspiracy had a direct effect on domestic trade and commerce and the effect gave rise to a Sherman Act claim. Defendants appealed.
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