App Store Opinion Returns Antitrust Enforcement To Its Roots
Law360 (May 29, 2019, 12:15 PM EDT) -- Congress made clear when it enacted the Sherman Act in 1890 that the federal antitrust enforcement regime relies on private enforcement actions — civil lawsuits seeking damages — to punish and deter anti-competitive activity. But there are limits on those lawsuits and, particularly, on who may bring them.
The “direct purchaser” rule, announced in Illinois Brick Co. v. Illinois, is among those limitations: It prevents parties who have not transacted directly with the defendant from suing for damages under the federal antitrust laws. Suits seeking “pass-through” damages — i.e., damages that a party further up the distribution chain incurred and passed down to the...
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