Northern District Of California Rules International Comity Does Not Require Deference To Korean Supreme Court In In Re Korean Ramen
On December 28, 2017, Judge William Orrick of the United States District Court for the Northern District of California denied a motion for summary judgment by defendants facing antitrust claims alleging a conspiracy to fix the prices of Korean ramen. In re Korean Ramen Antitrust Lit., No. 3:13-cv-4115-WHO (N.D. Cal. Dec. 28, 2017). In so ruling, Judge Orrick rejected defendants’ argument that principles of international comity required the Court to defer to a Korean Supreme Court decision overturning conspiracy findings and fines levied by the Korean Fair Trade Commission (“KFTC”). The Court also ruled that there was sufficient evidence that the conspiracy impacted ramen prices in the United States, in particular for ramen manufactured in the United States, and that plaintiffs should therefore be permitted to move forward with their claims.