Antitrust Damages Analysis Can Respect International Comity

A controversial issue argued Tuesday before the U.S. Supreme Court was whether the Second Circuit should have given complete deference to a declaration that price-fixing by two vitamin C manufacturers was required by Chinese law. When a foreign government’s regulation is exempt, measuring damages attributable only to the cartel respects international comity while also recognizing how foreign cartels can harm U.S. customers, say economists of Monument Economics Group.

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