The Supreme Court ruled unanimously on Thursday, June 14, to return to the 2nd Circuit Court of Appeals a case brought in 2005 by Texas-based Animal Science Products Inc and New Jersey-based The Ranis Co Inc who accused Hebei Welcome Pharmaceutical and North China Pharmaceutical Group and other Chinese vitamin C makers of antitrust violations. A jury trial in 2013 resulted in the plaintiffs being awarded US$147 million in damages, but its ruling was overturrned by the 2nd Circuit on grounds that the court should have deferred to Chinese law as interpreted by that country’s government.
In its decision, written by Justice Ruth Bader Ginsburg, SCOTUS determined that while US courts should give “respectful consideration” to a foreign government’s interpretation of its own law, they are not “bound to accord conclusive effect to the foreign government’s statements.” Justice Ginsburg also noted Courts should carefully consider a foreign government’s statement about the meaning of its own laws, but the appropriate weight in each case will depend on the circumstances. Relevant considerations include the statement’s clarity, thoroughness, and support; its context and purpose; the transparency of the foreign legal system; the role and authority of the entity or official offering the statement; and the statement’s consistency with the foreign government’s past positions on the law.”
The ruling is sensitive under the current climate of trade tensions, particularly between China and the US, as it significantly impacts the way that the laws of foreign nations are to be considered by US courts when the governments of those countries intervene in the case. In an unusual turn, lawyers for both governments presented arguments before the court in May.
The Second Circuit’s argument in overturning the ruling for the plaintiffs, was that when a foreign government directly participates in a case American courts are obligated to defer to that country’s characteriszation of its own laws.
The Supreme Court has now sent the case back for reconsideration by the New York-based 2nd US Circuit Court of Appeals.
Full Content: CNBC
Want more news? Subscribe to CPI’s free daily newsletter for more headlines and updates on antitrust developments around the world.
Andrew Finch, a prominent figure in U.S. antitrust law and former top official at the Justice Department during the first Donald Trump administration, has made the move to Cravath, Swaine & Moore from rival firm Paul, Weiss, Rifkind, Wharton & Garrison. Finch, who most recently co-chaired the antitrust practice at Paul Weiss, is set to join Cravath’s litigation department as a partner in New York.
According to Reuters, Finch’s tenure at the Justice Department, where he served as principal deputy assistant attorney general and acting assistant attorney general in the antitrust division between 2017 and 2019, underscores his expertise in the field. His work in government, alongside his clients at Paul Weiss, including Spirit Airlines, Uber, and Mastercard, makes him a valuable addition to Cravath’s team. At Cravath, Finch will focus on advising clients on antitrust investigations, litigation, and merger reviews, according to the firm’s announcement.
In a statement, Faiza Saeed, Cravath’s presiding partner, highlighted Finch’s credentials, noting that his experience “will be invaluable to our clients as they navigate an increasingly complex regulatory environment.” Saeed’s comments reflect the growing demand for expert guidance in the fast-evolving antitrust landscape.
The news of Finch’s departure from Paul Weiss comes just after the inauguration of President Donald Trump for his second term, a timing that adds another layer of significance to the move. A Paul Weiss spokesperson expressed well wishes to Finch, acknowledging his contributions to the firm.
Cravath’s decision to bring Finch aboard is part of a broader trend where the firm, historically known for promoting from within, has increasingly looked outside for top-tier talent. In recent years, Cravath has recruited several former government officials, including a trio of regulatory experts in 2022 to open a new office in Washington, D.C. This follows the 2022 hire of Noah Phillips, a former commissioner at the U.S. Federal Trade Commission during the Trump administration, who now co-chairs Cravath’s antitrust practice alongside Christine Varney, a former U.S. assistant attorney general for antitrust under the Obama administration.
Source: Reuters
Featured News
Top Antitrust Expert Joins Cravath from Paul Weiss
Jan 21, 2025 by
CPI
CMA Chief Removed as UK Government Targets Regulatory Overhaul
Jan 21, 2025 by
CPI
Court Denies Dismissal in Crab Price-Fixing Lawsuit
Jan 21, 2025 by
CPI
TikTok Stays Online for Now: Trump Floats US Ownership Deal
Jan 21, 2025 by
CPI
Hong Kong Watchdog Unveils Compliance Tool for Small Businesses
Jan 21, 2025 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – Pharmacy Benefit Managers
Jan 20, 2025 by
CPI
Untangling the PBM Mess
Jan 20, 2025 by
Kent Bernard
Using Data, Not Anecdotes, to Analyze Criticisms of Pharmacy Benefit Managers
Jan 20, 2025 by
Dennis Carlton
Vertical Integration and PBMs: What, Me Worry?
Jan 20, 2025 by
Lawton Robert Burns & Bradley Fluegel
The Economics of Benefit Management in Prescription-Drug Markets
Jan 20, 2025 by
Casey B. Mulligan