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International Trade Commission Drops US Steel's Antitrust Claims Against Chinese Steelmakers

March 23, 2018, The American Lawyer

Derek Ludwin and James O'Connell are quoted by The American Lawyer in an article examining a decision by the ITC stating that United States Steel cannot bring antitrust claims against 40 Chinese steel manufacturers over alleged price-fixing. Ludwin, who represents Baosteel America with O'Connell and Sturgis Sobin, says that even though Section 337 is not often used to bring antitrust claims before the ITC, U.S. Steel’s complaint “reflected a renewed interest” in raising those claims. He and O'Connell agree that the opinion provides significant guidance for future litigants. “When an antitrust claim is brought by a private complainant, that private complainant should have to meet the same requirements they would if they brought that antitrust claim in federal court,” O’Connell remarks. “Antitrust is antitrust.”

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