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Empagran S.A. v. F. Hoffmann-LaRoche, Ltd.

United States Court of Appeals for the D.C. Circuit
417 F.3d 1267 (2005)


Empagran S.A. (Empagran) and four other foreign companies that purchased vitamins for distribution in foreign markets (plaintiffs) sued several sellers of those vitamins, including F. Hoffman-LaRoche, Ltd. (defendants). The foreign purchasers accused the foreign sellers of a worldwide price-fixing conspiracy. The district court dismissed the foreign purchasers’ suit. In F. Hoffmann-La Roche, Ltd. v. Empagran S.A., 542 U.S. 155 (2004), the United States Supreme Court held the Foreign Trade Antitrust Improvements Act (FTAIA) excluded any of the foreign purchasers’ Sherman Act claims that only alleged harm in foreign markets. The suit was remanded to the court of appeals for consideration of the foreign purchasers’ theory that the harm caused by the worldwide price-fixing conspiracy depended on anticompetitive prices in the United States. The foreign purchasers argued that this meant, although indirectly, their injury stemmed from competitive harm in the United States.

Rule of Law


Holding and Reasoning (Henderson, J.)

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