Karen Hoffman Lent and Kenneth Schwartz Differing Views on the Co-Conspirator Exception to the Indirect Purchaser Rule
In their Antitrust Trade and Practice column, Karen Hoffman Lent and Kenneth Schwartz write that there is disagreement among the circuits regarding whether the co-conspirator exception to Illinois Brick is limited to just vertical price-fixing cases (the "narrow interpretation"), or whether the exception applies to any kind of vertical anticompetitive conduct (the "broad interpretation"), and the Supreme Court just last week declined to review a case that could have resolved the issue.
November 09, 2020 at 12:30 PM
11 minute read
A consumer who buys from a distributor and then seeks to hold the manufacturer liable for overcharges resulting from a conspiracy is an indirect purchaser that lacks standing to recover damages under federal antitrust law. The Supreme Court created this indirect purchaser rule in Illinois Brick to avoid requiring courts to conduct complex pass-on damages analysis, to prevent duplicative recovery, and to allocate the right to sue to one group of buyers.
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