ITC Judge Rules Against Antitrust Claim in Section 337 Case

The U.S. International Trade Commission delivered a surprising decision in the US Steel Section 337 case against China. In its complaint, US Steel alleged that China was violating antitrust laws in a “conspiracy to fix prices and control output and export volumes, the threat or effect of which is to restrain or monopolize trade and commerce in the United States.” US Steel also alleged that China stole trade secrets and evaded import duties through mislabeling products and circumvention. The judge in the case, after reviewing U.S. antitrust laws, ruled that the antitrust claims cannot be pursued under Section 337 although the remaining two claims can proceed.

Because the decision is unusually complicated, Judge Dee Lord, offered a summary of her decision in layman’s language which is reprinted below.