News & Analysis as of

Indirect Purchasers

Stevens & Lee

Patients Suing Hospitals for Antitrust Violations – Do They Have Standing?

Stevens & Lee on

A recently decided case out of Connecticut provides a useful examination of how antitrust standing issues may be analyzed in cases involving commercially-insured patients directly suing a health care system alleging economic...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hot Topics in Products Liability Law: Split in Authority Regarding the Indirect Purchaser Rule as a Bar to a Products Liability...

There is an emerging trend in products liability law whereby a plaintiff styles a case as a RICO claim, but at its core the gravamen of the dispute is an extension of a products liability action. In a recent installment of...more

Foley & Lardner LLP

Colorado Antitrust Reform Carries Broad State Impact

Foley & Lardner LLP on

During its 2023 legislative session, the Colorado General Assembly repealed the state's prior antitrust law — the Colorado Antitrust Act of 1992 — and passed the Colorado State Antitrust Act of 2023. On June 7, Colorado...more

Wilson Sonsini Goodrich & Rosati

Ninth Circuit Limits Ability of Indirect Purchaser Classes to Bring Nationwide Suits

The Ninth Circuit has held that a putative class of nationwide consumers that brought damages claims under California law was erroneously certified. Until now, class actions asserting claims for plaintiffs across the country...more

King & Spalding

Citing “Indirect Purchaser” Rule, Southern District of Florida Dismisses RICO Claim in Zantac MDL

King & Spalding on

On June 30, 2021, Judge Rosenberg—who presides over the Zantac multidistrict litigation in the Southern District of Florida—dismissed with prejudice a RICO claim against the brand-name manufacturers of Zantac under the...more

King & Spalding

New Jersey District Court Rejects RICO Claim in BMW “Clean Diesel” Case Under “Indirect Purchaser” Rule

King & Spalding on

On February 2, 2021, Judge Kevin McNulty of the U.S. District Court for the District of New Jersey declined to reconsider his dismissal of a RICO claim in a putative class action against BMW and automotive part supplier...more

Haug Partners LLP

INSIGHT: Abbvie Defeats Novel Antitrust Claims Against Humira Patent Estate—Lessons Learned

Haug Partners LLP on

A federal district court recently dismissed a lawsuit against AbbVie and biosimilar manufacturers of adalimumab involving a novel antitrust claim against the Humira patent estate. Attorneys with Haug Partners LLP take an...more

Zelle  LLP

Indirect Purchaser Antitrust Standing Heads In New Direction

Zelle LLP on

Defendants in indirect purchaser price-fixing and market allocation cases in federal court frequently challenge plaintiffs' claims for lack of antitrust standing. Relying on the U.S. Supreme Court decision in Associated...more

A&O Shearman

European Commission publishes guidelines to help national courts estimate share of overcharge passed on in private damages actions...

A&O Shearman on

The EC published guidelines for national courts to estimate the share of overcharge that is passed on. These non-binding guidelines explain the factors impacting the existence and magnitude of passing-on effects and methods...more

White & Case LLP

Current antitrust focus on technology platforms should take into account recent Supreme Court decisions in Pepper and American...

White & Case LLP on

Technology products are increasingly characterized by their ability to facilitate interconnectedness. More and more, tech innovators find themselves subject to increasing scrutiny under global competition laws when they...more

Troutman Pepper

Illinois Brick Simplified: U.S. Supreme Court Rules That Purchasers from iPhone App Store Can Sue Apple Despite the Fact that...

Troutman Pepper on

On May 13, 2019, in a 5-4 decision, the U.S. Supreme Court rejected the views of the U.S. Solicitor General, the Department of Justice’s Antitrust Division, and the Federal Trade Commission when it kept alive a putative class...more

McDermott Will & Emery

Second Circuit’s Mandate Rule Limits New Causation Theories on Remand

McDermott Will & Emery on

On remand, indirect purchasers of the drug ACTOS sought to amend their antitrust complaint to modify their causal theory of harm. The district court denied plaintiffs’ first set of amendments under the mandate rule, which...more

Holland & Knight LLP

Trump DOJ’s Antitrust Enforcement Policies Are Predictably Unpredictable

Holland & Knight LLP on

More than 40 years ago, the Supreme Court determined that efficient enforcement of the Sherman Act required a bright-line rule, with very limited exceptions, barring antitrust claims by "indirect purchasers"—end customers who...more

McDermott Will & Emery

THE LATEST: Class Certification Denied – Indirect Purchases Fail to Substantiate Link between Higher Input Costs and Higher...

Indirect purchaser plaintiffs’ motion for class certification in a lithium ion battery suit was denied for failing to show concrete evidence linking increased input costs to increased end-product prices; theoretical inference...more

Patterson Belknap Webb & Tyler LLP

DOJ Antitrust Division Mulls Changes to Indirect Purchaser Rules

This blog has discussed some of the dynamics created by the Supreme Court’s Hanover Shoe and Illinois Brick decisions and state “repealer” laws that attempt to undo their effect. As it turns out, repealer states aren’t the...more

McDermott Will & Emery

THE LATEST: Trump DOJ’s Next Target: the Illinois Brick Indirect Purchaser Rule?

In the course of one week, two top level DOJ Antitrust officials in the Trump Administration separately spoke at panels and suggested the possibility of a sea change in federal antitrust law with respect to indirect purchaser...more

Faegre Drinker Biddle & Reath LLP

Bringing Back Indirect Purchasers – DOJ Considers Seeking Reversal of Illinois Brick

For over 40 years, the Supreme Court has barred, with very limited exceptions, indirect purchasers— end customers who purchase products through an intermediate source—from seeking federal antitrust damages. But Andrew Finch,...more

Zelle  LLP

Indirect Purchaser Cases in 2017: Key District Court Rulings

Zelle LLP on

As we enter the new year, we review some of the more interesting 2017 court decisions in or affecting the indirect purchaser class action arena and provide practitioners with some key takeaways for 2018 and beyond. As with...more

Zelle  LLP

Indirect Purchaser Cases in 2017: Key Appeals Court Rulings

Zelle LLP on

As we enter the new year, we review some of the more interesting 2017 court decisions in or affecting the indirect purchaser class action arena, and provide practitioners with some key takeaways for 2018 and beyond. As with...more

McDermott Will & Emery

Optical Illusion: Lack of Overcharge Evidence Yields Summary Judgment Victory for Optical Disk Drive Manufacturers

McDermott Will & Emery on

Manufacturers of optical disk drives defeated electronics companies’, retailers’ and indirect purchaser plaintiffs’ conspiracy claims after seven years of litigation. On December 18, the US District Court for the Northern...more

Patterson Belknap Webb & Tyler LLP

Indirect Purchasers Cannot Sue Qualcomm Under Federal Law, But State Law Claims Survive

A federal judge in California has refused to allow indirect purchasers of semiconductor chips—i.e., cell phone consumers—to bring claims against Qualcomm under federal antitrust law....more

Jones Day

Latest Reform of German Competition Law Brings Clarity

Jones Day on

The German Parliament has adopted the 9th Amendment to the German "Act against Restraints of Competition" ("ARC") or "Gesetz gegen Wettbewerbsbeschränkungen" ("GWB"). The new law will enter into force after publication in the...more

Fenwick & West LLP

Securities Litigation Alert: District Court Says Indirect Purchasers of Shares Can Bring Fraud Claims Against Private Company and...

Fenwick & West LLP on

In a case with important implications for late-stage private companies, a federal magistrate judge ruled last week that investors in funds holding private company securities can bring fraud claims against the issuer of the...more

McDermott Will & Emery

THE LATEST: Court Nixes Indirect Purchaser Claims for Lack of Standing

To bring a claim for antitrust damages, indirect purchasers must show that they have antitrust standing. They must demonstrate that their injuries are sufficiently direct and intertwined with the alleged cartel conduct that...more

McDermott Will & Emery

Third Circuit Upholds Dismissal of Indirect Purchaser Class in Auto Transmission Case, Revives Individual Claims

McDermott Will & Emery on

On February 9, the US Court of Appeals for the Third Circuit upheld a ruling by the US District Court for the District of Delaware that indirect purchasers of Class 8 transmissions did not meet the requirements for class...more

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