Cozen O’Connor: Supreme Court Says Foreign Gov't Submissions Not Binding

Supreme Court Says Foreign Gov't Submissions Not Binding

Thursday, June 14, 2018

David Reichenberg, a member in the firm's Antitrust Practice, was quoted in Law360's "Supreme Court Says Foreign Gov't Submissions Not Binding." Recently the U.S. Supreme Court held that a foreign government’s interpretation of its own law is not “binding” on U.S. courts, throwing out a Second Circuit ruling nixing a $147 million price-fixing judgment against two Chinese companies that received support from the Chinese government. David said that the court appears to have “set up a gauntlet of factors that foreign entities will have to get through if they intend to rely on the foreign compulsion defense and the international comity defense” in antitrust litigation.

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