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

Docket No.: 03-724
Certiorari Granted: Dec 15 2003
Argued: April 26, 2004
Decided: June 14, 2004

Topics:

15 U.S.C. 6, Economic Activity, Antitrust, Antitrust, Executive privilege, FOIA, Freedom of Information Act, National Labor Relations Act, Sherman Act, antitrust, patent, rule of reason, separation of powers

PartyNames: F. Hoffmann-La Roche Ltd, et al. v. Empagran S.A., et al.
Petitioner: F. Hoffmann-La Roche Ltd, et al.
Respondent: Empagran S.A., et al.

Court Below: United States Court of Appeals for the District of Columbia Circuit
Citation: CA DC, 315 F.3d 338 QUESTION PRESENTED The District of Columbia Circuit, in a divided opinion, interpreted the Foreign TradeAntitrust Improvements Act, 15 U.S.C. § 6a, to permit U.S. antitrust claims by foreign buyers based on transactions with foreign sellers conducted entirely inforeign countries. Rehearing was denied by a 4-3 vote. The D.C. Circuit's decision conflicts with decisions of other courts of appeals and with the views of the United States. The question presented is as follows:
Supreme Court Docket

F. Hoffmann-La Roche Ltd, et al.
v.
Empagran S.A., et al.
542 U.S. 155 (2004)
Question:

Under the Foreign Trade Antitrust Improvements Act of 1982, do Sherman Act claims apply to the effects of foreign price-fixing schemes if those schemes do not have domestic effects?

Note:

. CA DC, 315 F.3d 338 QUESTION PRESENTED The District of Columbia Circuit, in a divided opinion, interpreted the Foreign TradeAntitrust Improvements Act, 15 U.S.C. § 6a, to permit U.S. antitrust claims by foreign buyers based on transactions with foreign sellers conducted entirely inforeign countries. Rehearing was denied by a 4-3 vote. The D.C. Circuit's decision conflicts with decisions of other courts of appeals and with the views of the United States. The question presented is as follows: Whether plaintiffs may pursue Sherman Ac t claims seeking recovery for injuries sustained in transactions occurring entirely outside U.S. commerce. CERT. GRANTED: 12/15/03 J. O'Connor took no part.

F. Hoffman-LaRoche, Ltd. v. Empagran S.A.
ORAL ARGUMENT

April 26, 2004

Holding: vacated and remanded
Decision: Decision: 8 votes for F. Hoffman-LaRoche, Ltd., 0 vote(s) against
Vote: 8-0
Recused: O'Connor
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