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In a boon for the international business community, which had anxiously awaited the decision in the drug price-fixing case F. Hoffmann-La Roche Ltd. v. Empagran S.A., the U.S. Supreme Court held on June 14 that the Sherman Anti-Trust and Clayton Acts cannot be invoked by foreign individuals or entities to redress injuries suffered due to anti-competitive conduct when the price-fixing conduct complained of adversely affects customers inside and outside the United States, but the adverse foreign effect is independent of any adverse domestic effect. F. Hoffmann-La Roche Ltd. v. Empagran S.A., No. 03-724, 2004 U.S. LEXIS 4174; 72 U.S.L.W. 4501 (6/14/04).
About the Case
In the F. Hoffmann-La Roche case, foreign vitamin purchasers filed a class-action lawsuit alleging that vitamin manufacturers and distributors had engaged in a price-fixing conspiracy, raising vitamin prices in the United States and foreign countries, in violation of the Sherman and Clayton Acts. They brought their suit in district court in Washington, DC. Defendants (petitioners) moved to dismiss the suit as to the foreign purchasers (respondents), as they were foreign companies located abroad that had purchased vitamins only outside United States commerce.
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