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