Reed Smith Client Alerts

U.S. indirect purchaser antitrust actions may proceed to trial even when a foreign manufacturer is found not liable in its home jurisdiction.

Authors: Michelle A. Mantine Christopher R. Brennan

Type: Client Alerts

A recent summary judgment decision from the U.S. District Court for the Northern District of California has rejected manufacturers’ arguments that principles of international comity require deference to a Korean Supreme Court ruling that overturned conspiracy findings and associated fines levied by the Korea Fair Trade Commission (“KFTC”). The U.S. court’s ruling reinforces the need for international manufacturers to expect and prepare for aggressive civil litigation by U.S. indirect purchasers following investigations by other competition authorities – even if not subject to liability in their home jurisdiction.