The USITC’s investigation in Certain Carbon and Alloy Steel Products, Inv. No. 337-TA-1002 was instituted to investigate alleged violations of Section 337 by the Chinese steel industry based on claims of trade secret misappropriation, false designation of origin, and (atypically for a 337 proceeding) antitrust violations. While the first two claims are proceeding to trial, the presiding administrative law judge (as we previously reported) recently granted respondents’ motion to dismiss the antitrust claims for failing to establish antitrust standing (i.e., plead a cognizable antitrust injury).
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