U.S. COURT REVIVES PRICE-FIXING CLAIMS

Abstract

A FEDERAL APPEALS COURT has ruled that Roche, Aventis, BASF, and other vitamin manufacturers that are part of an alleged price-fixing cartel can be sued by non-U.S. customers in the U.S. The companies, which have already reached settlements with the U.S. Justice Department, the European Commission, and U.S. customers, now face new claims that may amount to billions of dollars. The Jan. 17 decision reversed a lower court ruling that found foreign interests had no legal claims because the products were purchased outside the U.S. The appeals court bases its ruling on the 1982 Foreign Trade Antitrust Improvements Act, which it says allows claims by foreign customers to deter price fixing by global cartels that damage U.S. commerce. Representatives of BASF, Roche, and Aventis say they are studying the new ruling and are prepared to fight it all the way to the Supreme Court. According to Peter Gallagher, a Washington, D.C.-based anti-trust lawyer representing several ...