Sea Breeze Salt, Inc. v. Mitsubishi Corp.
The Ninth Circuit affirmed the district court's dismissal of an antitrust case based on the act of state doctrine. Plaintiffs alleged an antitrust conspiracy between a Mexican salt production corporation 51 percent owned by the government of Mexico and a Japanese entity that held the remaining ownership interest. The panel held that this case was fundamentally a challenge to the United Mexican States' determination about the exploitation of its own natural resources, made by a corporation owned and controlled by the Mexican government. The panel noted that this decision was not a license for courts to dismiss cases on act of state grounds whenever a foreign state-owned enterprise was involved. Rather, the panel held merely that on the facts of this case, application of the act of state doctrine was appropriate to preclude its consideration of the action. View "Sea Breeze Salt, Inc. v. Mitsubishi Corp." on Justia Law