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Expert Analysis

The Pass-On Defense In Calif. Price-Fixing Cases

Law360 (August 27, 2008, 12:00 AM EDT) -- The California Court of Appeal for the 1st Appellate District recently ruled in a case of first impression that defendants accused of price-fixing may assert as an affirmative defense that the plaintiffs "passed on" all of the claimed overcharges to their customers. Clayworth v. Pfizer Inc. 08 C.D.O.S. 9697 (July 25, 2008)....

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