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Pfizer Inc. v. Government of India
''Pfizer Inc. v. Government of India'', 434 U.S. 308 (1978) decision of the Supreme Court of the United States in which the Court held that foreign states are entitled to sue for treble damages in U.S. courts, and should be recognized as "persons" under the Clayton Act.
==Facts==
In 1975, the government of India, filed an antitrust suit against pharmaceutical firms Pfizer, Inc., American Cyanamid Company, Bristol-Myers Company, Squibb Corporation, Olin Corporation and The Upjohn Company, alleging that that these companies had conspired to restrain and monopolize interstate and foreign trade in the manufacture, distribution, and sale of broad spectrum antibiotics. The Imperial State of Iran, the Republic of the Philippines and the Republic of Vietnam brought similar suits against one or more of these pharmaceutical firms, with the Supreme Court eventually deciding to recognize the additional cases in its ruling.
The constitutional issues at stake in this case surround the U.S. Constitutions recognition of foreign people, entities or governments as "persons" with the right and ability to bring suit in U.S. courts against U.S. registered corporations under U.S. antitrust laws. The government of India had filed suit against these five pharmaceutical companies for damages under the Clayton Antitrust Act for their attempts to restrain and monopolize interstate and foreign trade surrounding the manufacture and distribution of certain broad spectrum antibiotics, in violation the Sherman Act. Accusations included the use of price fixing, market division and fraud committed against the US Patent Office.〔(【引用サイトリンク】url=http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=us&vol=434&invol=308 )〕
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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