When Illinois Brick Goes Abroad

Law360, New York (March 13, 2015, 2:09 PM EDT) -- There are few aspects of U.S. antitrust law as seemingly well settled as Illinois Brick’s “indirect purchaser rule.” The rule itself — indirect purchasers may not recover damages under federal antitrust laws — is about as straightforward as they come; there are only a few exceptions, and courts have adhered to the U.S. Supreme Court’s instruction that these exceptions not be freely expanded or multiplied. If antitrust has any load-bearing doctrinal pillars, then Illinois Brick is surely among them.

But here is a not-entirely-settled question about Illinois Brick: To what extent does it apply to claims based on conduct occurring in...

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