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Expert Analysis

Considering The 'Indirect Purchaser' Rule's Potential Demise

By Jakob Sebrow (March 14, 2019, 1:31 PM EDT) -- The recent oral arguments at the U.S. Supreme Court in Apple Inc. v. Pepper[1] have raised speculation that a long-standing antitrust defense — the "indirect purchaser" rule articulated in Illinois Brick Co. v. Illinois[2] — will be narrowed or possibly eliminated. The potential curtailment of the indirect purchaser rule would leave a significant void in the doctrinal arsenal of antitrust defendants....

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