The California Court of Appeals for the First Appellate District recently ruled in a case of first impression that defendants accused of price-fixing may assert as an affirmative defense that the plaintiffs ?passed on? all of the claimed overcharges to their customers. Clayworth v. Pfizer, Inc., 08 C.D.O.S 9697 (July 25, 2008). The ruling is especially significant for companies targeted in price-fixing cases whose products are sold through intermediaries.

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