Forum

U.S. Supreme Court

Case Status

Decided

Docket Number

16-1220

Term

2017 Term

Oral Argument Date

April 24, 2018

Lower Court Opinion

U.S. Court of Appeals for the Second Circuit

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Questions Presented

1. Whether the Second Circuit, in conflict with the decisions of three courts of appeals, erred in exercising jurisdiction under 28 U.S.C. § 1291 over a pre-trial order denying a motion to dismiss following a full trial on the merits.

2. Whether a court may exercise independent review of an appearing foreign sovereign’s interpretation of its domestic law (as held by the Fifth, Sixth, Seventh, Eleventh, and D.C. Circuits), or whether a court is “bound to defer” to a foreign government’s legal statement, as a matter of international comity, whenever the foreign government appears before the court (as held by the opinion below in accord with the Ninth Circuit).

3. Whether a court may abstain from exercising jurisdiction on a case-by-case basis, as a matter of discretionary international comity, over an otherwise valid Sherman Antitrust Act claim involving purely domestic injury.

Cert. granted limited to question 2 presented by the petition.

Case Updates

Supreme Court issues favorable decision in antitrust case concerning Chinese price fixing

June 14, 2018

The Supreme Court unanimously held that the Second Circuit erred when it accorded conclusive deference to the interpretation of Chinese law offered by the Ministry of Commerce of the People’s Republic of China regarding whether Chinese law required Chinese companies to engage in price fixing of products exported to the United States.

U.S. Chamber files amicus brief regarding degree of deference accorded to foreign sovereign’s interpretation of its own laws under international comity doctrine

March 05, 2018

Click here to view the Chamber’s amicus brief.

Luke A. Sobota, Jan Paulsson, Philipp Kotlaba, Kimberly H. Larkin, and E. Jin Lee of Three Crowns LLP served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.

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