| 词条 | Animal Science Products v. Hebei Welcome Pharmaceuticals |
| 释义 |
| Litigants = Animal Science Products v. Hebei Welcome Pharmaceuticals | ArgueDate = April 24 | ArgueYear = 2018 | DecideDate = June 14 | DecideYear = 2018 | FullName = Animal Science Products, Inc., et al, Petitioners v. Hebei Welcome Pharmaceutical Co. Ltd., et al. | USVol = 585 | USPage = ___ | ParallelCitations = 138 S. Ct. 1865; 201 L. Ed. 2d 225 | Docket = 16-1220 | OralArgument = https://www.oyez.org/cases/2017/16-1220 | OralReargument = | OpinionAnnouncement = | Prior = Motion to dismiss denied, In re Vitamin C Antitrust Litig., 584 F. Supp. 2d [https://www.leagle.com/decision/infdco20081107687 546] (E.D.N.Y. 2008); summary judgment denied, 810 F. Supp. 2d [https://www.leagle.com/decision/infdco20120410b70 522] (E.D.N.Y. 2011); reversed, 837 F.3d [https://www.leagle.com/decision/infco20160930113 175] (2d Cir. 2016); cert. granted, 138 S. Ct. 734 (2018). | Subsequent = | Holding = A federal court must provide respectful consideration to a foreign government's representation of its own law, but not conclusive effect. | SCOTUS = 2017 | Majority = Ginsburg | JoinMajority = unanimous | Concurrence = | JoinConcurrence = | Concurrence2 = | JoinConcurrence2 = | Concurrence/Dissent = | JoinConcurrence/Dissent = | Dissent = | JoinDissent = | Dissent2 = | JoinDissent2 = | LawsApplied = Federal Rule of Civil Procedure 44.1 }}Animal Science Products v. Hebei Welcome Pharmaceuticals, 585 U.S. ___ (2018), was a case before the Supreme Court of the United States involving the interpretation of foreign law in US domestic courts. The case arose out of a controversy in which Hebei Welcome Pharmaceuticals (Hebei), a company incorporated under Chinese law, and its parent company North China Pharmaceutical Group was accused of price fixing in violation of the Sherman Antitrust Act by Animal Science Products (ASP), which filed a class action against Hebei. When the case was before the district court, Hebei claimed that Chinese law required them to price-fix, and this claim was supported by the Chinese Ministry of Commerce in written submissions to the court, but this defense was denied on the grounds that there was no evidence that Chinese law actually imposed this requirement; a jury awarded damages to ASP. On appeal, the Second Circuit Court of Appeals ruled that the district court erred by entering into an independent review of foreign law, and that it should have instead, for reasons of international comity, deferred to China's representation of its own law, provided that this representation was "reasonable".[1] In a unanimous opinion, the Supreme Court reversed the ruling of the Second Circuit, finding that respectful consideration must be granted to a foreign government's statements, but not conclusive effect.[2] The case was the first time that the Chinese government appeared as an amicus curiae in oral argument before the US Supreme Court, and was only the third time that any foreign government appeared as an amicus.[3] References1. ^{{Cite web|url=https://www.oyez.org/cases/2017/16-1220|title=Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co. Ltd. {{!}} Oyez|last=|first=|date=|website=Oyez|archive-url=|archive-date=|dead-url=|access-date=2018-07-29}} 2. ^{{ussc|name=Animal Science Products v. Hebei Welcome Pharmaceuticals|volume=585|year=2018|docket=16-1220}}. 3. ^{{Cite news|url=https://www.reuters.com/article/legal-us-otc-tradeawar/chinese-u-s-governments-to-face-off-in-scotus-trade-skirmish-idUSKBN1HN2M9|title=Chinese, U.S. governments to face off in SCOTUS trade skirmish|last=Frankel|first=Alison|date=April 16, 2018|work=Reuters|access-date=2018-07-29|language=en-US}} External links
| case = Animal Science Products v. Hebei Welcome Pharmaceuticals, {{Ussc|585|___|2018|el=no}} | justia =https://supreme.justia.com/cases/federal/us/585/16-1220/ | oyez =https://www.oyez.org/cases/2017/16-1220 | other_source1 = Supreme Court (slip opinion) | other_url1 =https://www.supremecourt.gov/opinions/17pdf/16-1220_3e04.pdf 3 : United States Supreme Court cases|United States Supreme Court cases of the Roberts Court|2018 in United States case law |
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