During its 2023 legislative session, the Colorado General Assembly repealed the state's prior antitrust law — the Colorado Antitrust Act of 1992 — and passed the Colorado State Antitrust Act of 2023.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
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
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
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
The American Bar Association’s 67th Antitrust Law spring meeting held earlier this month featured several sessions addressing the efforts of federal and state antitrust enforcement agencies, including a number of discussions...more
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
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
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
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
The U.S. Court of Appeals for the Ninth Circuit recently addressed again when plaintiffs have standing to pursue federal antitrust claims under the U.S. Supreme Court’s landmark decision in Illinois Brick Co. v. Illinois, 431...more
Earlier this month, defendants in the In re Cathode Ray Tube Antitrust Litigation moved to challenge the standing of major retailers to pursue damages claims under the Supreme Court’s 1977 Illinois Brick decision. LG...more
Originally published in Competition Law360 on January 25, 2013. Consumers seeking to recover for economic harm caused by anti-competitive conduct often run headlong into the so-called Illinois Brick wall: Antitrust...more