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Article: Court rules foreign antitrust suit against Dow can be tried in U.S.(United States/Americas)(Dow's Union Carbide)
- Article from:
- Chemical Week
- Article date:
- September 1, 2004
- Author:
CopyrightCOPYRIGHT 2004 Access Intelligence, LLC. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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A Hartford, CT court has ruled that a lawsuit brought by three chemical distributors in India against Dow's Union Carbide subsidiary can be tried in the U.S. Dow says the ruling in the case, MM Global v. Dow, goes against a recent Supreme Court ruling restricting which foreign antitrust claims can be tried in the U.S. That ruling, Hoffmann-LaRoche v. Empagran, requires that antitrust claims brought by foreign companies in U.S. courts must prove a substantial impact on U.S. commerce.
The Indian plaintiffs say they were hired by Union Carbide after the Bhopal disaster to distribute its chemicals, and create a buffer between the Bhopal controversy and Union ...