Think Indirect Purchaser Liability is Dead? Think Again.
Since the Supreme Court’s 1977 decision in Illinois Brick Co. v. Illinois
, 431 U.S. 720, plaintiffs have not been able to recover damages suffered by indirect purchasers from anticompetitive conduct stemming from §1 of the Sherman Act. While this bar has existed for more than 30 years, plaintiffs are not without recourse.
That’s because more than 25 states enacted laws, sometimes called “Illinois Brick...