On March 19,2018,the United States International Trade Commission(ITC)issued an announcement,deciding to terminate the antitrust investigation of the carbon steel and alloy steel 337 case.ITC ruled that the plaintiff had to prove that it had suffered damage due to the defendant's monopolistic behavior,and because the plaintiff could not prove it,it was not eligible for litigation.So far,after two years,China has won all three lawsuits in the Steel 337 case,namely,antitrust,theft of trade secrets,and fictitious origin.The rarity of legal charges,the high amount of money involved,the wide range of products,and the number of accused steel companies in this investigation are unprecedented in the 337 US investigation cases encountered in China.This case will have a significant impact as a 337 precedent.In the future,the United States will face great difficulties if it wants to file antitrust charges under the 337 procedure.In the current situation where the United States is trying to jointly block Chinese steel through a 232 investigation with other countries,this time,Chinese enterprises have won a comprehensive victory in the domestic legal proceedings in the United States,which is heartening.

In this investigation,a team led by Gao Peng Law Firm's partner,Qian Wenjie,gathered with Gao Peng Firm's partner,Jiang Liyong,to fully participate in the response to the lawsuit on behalf of Shougang Group.After nearly two years of hard struggle,the Chinese responding enterprises have striven to win the lawsuit based on the antitrust law of the United States and the jurisprudence of the Federal Court,citing the failure of Meigang to prove that it has suffered antitrust damage and lacks the qualifications of the plaintiff;At the point of origin,Meigang reviewed the transaction documents and data of Chinese responding enterprises over the years through an electronic evidence discovery process,attempting to discover illegal transshipment information from a large number of documents,but the United States did not obtain any evidence to support its allegation,which was rejected by the ITC;Similarly,the prosecution of trade secrets was terminated due to the lack of evidence at Meigang.

Litigation,winning is the absolute principle.Lawyer Gao Peng's successful first battle in the US 337 investigation will definitely better serve Chinese enterprises in participating in such transnational lawsuits in the future.

(This article is translated by software translator for reference only.)