EMPAGRAN S.A. et al., Appellants
v.
F. HOFFMANN-LAROCHE, LTD. et al., Appellees.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued April 20, 2005.
Decided June 28, 2005.
Attorney(s) appearing for the Case
Thomas C. Goldstein argued the cause for the appellants. Amy Howe, Michael D. Hausfeld, Paul T. Gallagher and Brian A. Ratner were on brief.
Stephen M. Shapiro argued the cause for the appellees. Bruce L. Montgomery, Arthur F. Golden, Stephen Fishbein, John M. Majoras, Daniel H. Bromberg, Lawrence Byrne, D. Stuart Meiklejohn, Stacey R. Friedman, Tyrone C. Fahner, Stephen M. Shapiro, Andrew S. Marovitz, Jeffrey W. Sarles, Michael L. Denger, Miguel A. Estrada, Laurence T. Sorkin, Roy L. Regozin, Paul P. Eyre, Ernest E. Vargo, Donald I. Baker, W. Todd Miller, Alice G. Glass, Peter E. Halle, Kevin R. Sullivan, Peter M. Todaro, Jeffrey S. Cashdan, Thomas M. Mueller, Michael O. Ware, James R. Weiss, Aileen Meyer, Sutton Keany, Bryan Dunlap, Martin Frederic Evans, Gary W. Kubek, Karen N. Walker, Moses Silverman and Mark Riera were on brief.
Steven J. Mintz, Attorney, United States Department of Justice, argued the cause for amici curiae United States of America and Federal Trade Commission in support of the appellees. Robert H. Pate, III, Assistant Attorney General, Robert B. Nicholson, Attorney, United States Department of Justice, and John D. Graubert, Acting General Counsel, Federal Trade Commission, were on brief. Adam D. Hirsh, Attorney, United States Department of Justice, entered an appearance.
Homer E. Moyer, Jr. and Alan I. Horowitz were on brief for amicus curiae Government of Canada in support of the appellees.
Ernest Gellhorn was on brief for amici curiae Federal Republic of Germany et al. in support of the appellees.
Mark S. Popofsky, Michael D. Blechman, Saul P. Morgenstern and Peter A. Barile, III were on brief for amicus curiae United States Council for International Business in support of the appellee.
Before: EDWARDS, HENDERSON and ROGERS, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
KAREN LECRAFT HENDERSON, Circuit Judge.
The appellants, foreign corporations that purchased vitamin products outside of the United States for distribution in foreign countries from the appellee foreign manufacturers, brought this action asserting, inter alia, price fixing in violation of the Sherman Act, 15 U.S.C. § 1.1 The district court dismissed the Sherman Act claim for lack of subject matter jurisdiction under the Foreign...
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