CCCMHPIE Statement Regarding U.S. Vitamin C Antitrust Case
We learned that, on March 14, 2013, the United States District Court for the Eastern District of New York, a trial level court, delivered a judgment in the Vitamin C antitrust case involving Chinese companies finding that Hebei Welcome Pharmaceutical Co. Ltd (“Hebei Welcome”) and North China Pharmaceutical Group Corporation (“NCPGC”)are liable for conspiracy to fix prices of Vitamin C in the United States. Other involved Chinese companies made settlement with the Plaintiff before the decision.
We deem the result of the case obviously unjust and unacceptable. First, NCPGC is not, and has never been a member of the VC Subcommittee of the CCCMHPIE, and has never been involved in conducts placed in issue by this case in any sense;therefore NCPGC should not be found liable in the case. Second, this decision failed to recognize the mandatory measures of supervision and administration of industry of Vitamin C by the Chinese Central Government during the transition period of China’s economic system at that time. In fact, the relevant pricing conducts in the case by the Vitamin C manufactures were undertaken in compliance with Chinese laws and regulations at that time. Therefore, according to the principle of comity,rule of sovereign compulsion and state action doctrine, these Chinese companies should not be found liable in the United States for their legal conducts in China.
During the 8 years since the case was filed in 2005, we have attached high attention to this case and actively supported Chinese Vitamin C manufacturers to safeguard their legal interest and rights. We will continue our support to relevant companies in the appeal procedures to seek justice result.