Daryl Libow Quoted in Law 360 Article on Vitamin C Antitrust Litigation Case

October 6, 2011
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On October 6, Mr. Libow was quoted in a Law360 article titled, “Vitamin C Ruling Shows Foreign Cos. Can't Pass Cartel Buck.” The article examined the recent ruling of the vitamin C antitrust litigation case in which the court rejected the defendants' claims that the Chinese government compelled them to fix prices despite a submission by the Chinese government supporting defendants' position. According to Mr. Libow, courts would likely show more deference to the foreign government's position if there was a case where a foreign law truly required a defendant to fix prices. “The decision doesn't mean that the foreign sovereign compulsion defense doesn't maintain its vitality,” he said. “It is consistent with a trend to hold defendants who are asserting the sovereign compulsion defense to a pretty high standard that the illegal conduct can't just be sanctioned by a foreign government but truly compelled.”