No price-fixing recovery for overseas MSG
The Eighth Circuit today joined the D.C. Circuit in holding that foreigner victims of price-fixing may not recover under the Sherman Act unless they show that the the price fixers’ domestic activities proximately caused their overseas injury (overpayments for the relevant product). In re Monosodium Glutamate Antitrust Litig., Nos. 05-4303 & 05-4307 (8th Cir. Feb. 8, 2007) (adopting test from Empagran S.A. v. F. Hoffmann-Laroche, Ltd., 417 F.3d 1267 (D.C. Cir. 2006), cert. denied, 126 S. Ct. 1043 (2006)). The court affirmed dismissal of claims by companies that bought monosodium glutamate in transactions outside the U.S.