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Antitrust Keyed to Gavil, 5th Ed.
F. Hoffmann-La Roche Ltd. v. Empagran S.A.
Citation:
542 U.S. 155 (2004)Facts
The plaintiffs in this case were five foreign vitamin distributors located in Ukraine, Australia, Ecuador, and Panama who purchased vitamins from the defendants for delivery outside the United States. The defendants were foreign and domestic vitamin manufacturers and distributors who allegedly engaged in a global price-fixing conspiracy that raised vitamin prices in the United States and in foreign countries. The plaintiffs never asserted that they purchased vitamins in the United States or in transactions in United States commerce. The conspiracy had effects both domestically (higher U.S. prices) and abroad (higher foreign prices), but the foreign effect that harmed the plaintiffs was independent of the domestic effect. The plaintiffs sought to apply U.S. antitrust law to their claims based on the theory that because the same anticompetitive conduct had domestic effects that could give rise to a Sherman Act claim by domestic purchasers, they too should be able to sue under U.S. law for their foreign injuries.
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