Indirect-Purchaser Exceptions To Illinois Brick Continue

Law360, New York (January 25, 2013, 12:22 PM EST) -- Consumers seeking to recover for economic harm caused by anti-competitive conduct often run headlong into the so-called Illinois Brick wall: Antitrust damages under federal law are reserved exclusively for the “direct purchaser” of the price-fixed good, even when that direct purchaser acts solely as a middleman who passes on the illegal overcharge to the end-user consumer.[1]

Naturally, any potential alteration to this 35-year-old bright-line rule (and its few exceptions) attracts a great deal of interest within the antitrust community. So it was with the Ninth Circuit’s...
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