CCCMHPIE Statement Regarding Chinese Vitamin C Manufacture’s Success in the Appeal from the US Antitrust Case
Monday, 10 October 2016｜Source：CHINA CHAMBER OF COMMERCEFOR IMPORT&EXPORT OF MEDICINES &HEALTH PRODUCTS｜Author：
CCCMHPIE learned that, on September 20th, 2016, the United States Court of Appeals for the Second Circuit delivered a judgment in favor of the Chinese companies in the Vitamin C antitrust case. CCCMHPIE welcomes the justice decision from the United States Court of Appeals for the Second Circuit.
This case involves the Regulatory System administrating the export of Vitamin C, known as “Verification and Chop”, which used to be implemented by the Chinese Government. In fact, the relevant conducts in the case by the vitamin C manufacturers were undertaken in compliance with Chinese laws and regulations at that time. Moreover, the Ministry of Commerce of the People’s Republic of China submitted four formal written statements as Amicus Curiae unequivocally informing the US Courts that relevant conducts of these Chinese companies were under the requirements of Chinese government. The principle of international comity requires the United States District Court for the Eastern District of New York to abstain from exercising jurisdiction in this case. Therefore, the final judgment of the District Court in favor of Plaintiffs and awarding damages and injunctive relief is obviously unjust and unacceptable. And the United States Court of Appeals for the Second Circuit finally VACATE the judgment from the district court, REVERSE on international comity grounds the district court’s denial of Defendants’ motion to dismiss, and REMAND with instructions to dismiss Plaintiffs’ complaint with prejudice on September 20th, 2016.
During the 11 years since the case was filed in 2005, CCCMHPIE has attached high attention to this case and actively supported China’s vitamin C manufacturers to respond to the proceeding. CCCMHPIE appreciates the great courage and effort from Hebei Welcome Pharmaceutical Co. Ltd (“Hebei Welcome”) and North China Pharmaceutical Group Corporation (“NCPGC”）to appeal in seeking of the justice result. CCCMHPIE will continue our support to Chinese companies to take legal actions to safeguard their legitimate interest and rights.
Source:CCCMHPIE