Chinese SOE unable to extricate itself from US antitrust litigation against vitamin C exporters

On 8 February 2013, a New York federal judge denied a motion by North China Pharmaceutical Group Corp for summary judgement in multidistrict antitrust litigation alleging a conspiracy among Chinese companies to fix the price of vitamin C. The judge’s decision illustrates the risks that Chinese parent companies (or even minority shareholders) face when doing business in the US through affiliates, and highlights the need for these parent companies to take steps to insulate themselves from facing costly and burdensome antitrust litigation in the US.

The plaintiffs in the case allege that the defendants conspired to fix the price of vitamin C and to limit the supply to the United States. NCPGC, a defendant and shareholder of one of the defendant vitamin C manufacturers, moved for summary judgment, asking the judge to dismiss the case before trial. NCPGC argued that there was insufficient evidence that NCPGC had itself participated in the conspiracy. However, District Judge Brian M. Cogan denied NCPGC’s motion, finding that there was evidence from which a jury could conclude that NCPGC may have been involved in the conspiracy to fix vitamin C prices.

The judge’s rejection of the motion to dismiss does not necessarily mean that NCPGC will be found liable for the alleged vitamin C cartel activities. But, if the court finds that a full trial is necessary against the other defendants, then NCPGC will also have to defend itself in that trial…

If you are registered and logged in to the site, click on the link below to read the rest of the Hogan Lovells briefing. If not, please register or sign in with your details below.

Click on the link above to download this briefing.

Sign in or Register to continue reading this article

Sign in


It's quick, easy and free!

It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.

Register now

Why register to The Lawyer


Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.


Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.


Email newsletters

Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.

More relevant to you

To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.

Briefings from Hogan Lovells

View more briefings from Hogan Lovells

Analysis from The Lawyer

View more analysis from The Lawyer


Atlantic House
Holborn Viaduct

Turnover (£m): 1,098.00
No. of lawyers: 2,313 (UK 200)
Jurisdiction: UK
No. of offices: 8
No. of qualified lawyers: 219 (International 50)
No. of partners: 56