Antitrust Arbitration and Illinois Brick

Author:Mark A. Lemley & Christopher R. Leslie
Position::William H. Neukom Professor of Law, Stanford Law School; Partner, Durie Tangri LLP/Chancellor's Professor of Law, University of California Irvine School of Law

For nearly 40 years, since the Supreme Court decision in Illinois Brick, federal antitrust law has prevented indirect purchasers from complaining of overcharges caused by antitrust violations. The Court reasoned that direct purchasers are the best and most motivated antitrust plaintiffs. But in its 2013 Italian Colors decision, the Court made it extremely difficult for direct purchasers to bring... (see full summary)

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