Indirect Purchaser Lawsuits

In 1977, the U.S. Supreme Court decided in Illinois Brick that "indirect purchasers" that is, purchasers who do not buy directly from the alleged coconspirators, may not sue under federal law. This Handbook seeks to explain both the framework for indirect purchaser claims and the issues that commonly arise in indirect purchaser litigation. The book begins with an analysis of the Illinois Brick decision, along with the federal, state, and scholarly responses. Then, it considers questions of liability and standing for indirect purchaser claims and reviews procedural aspects of indirect purchaser litigation--jurisdiction, discovery, case management, and class certification issues. It also addresses the financial aspects--damages and settlements. Finally, the book takes a look northward to seek lessons from Canada's somewhat different experience with indirect purchaser claims. This Handbook takes no position on whether Illinois Brick was rightly decided or whether the benefits of indirect purchaser litigation are worth its costs. Rather, the Indirect Purchaser Litigation Handbook is intended as a guide for practitioners and courts, working in the world as it is today. The book also describes the different states' reactions over the past two decades to the U.S. Supreme Court's Illinois Brick decision.

Companies in Europe and Japan are increasingly the target of private antitrust litigation. These lawsuits are being facilitated by favorable case law, legislative changes, and a growing awareness of antitrust remedies in all layers of society. This book analyzes and compares this burgeoning area of litigation in the European Union and Japan. It examines the legal framework for these actions and takes stock of the hundreds of actions for damages and injunctive relief that have been brought in Japan and the EU. It also looks at the novel contexts in which private litigants are invoking antitrust violations, such as in derivative suits and in actions to challenge arbitral awards. Finally, the book assesses the impact of private litigation on the enforcement of antitrust law and shows how Japan's experience can be useful for Europe and vice versa in shaping future reforms.

This 3 volume edition concisely sets forth the substantive civil and criminal case law, procedure, practice, and statutes in separate chapters for each of the 50 states.

Provides a new conceptualization of competition law as economic inequality and its interaction with efficiency become of central concern to policy and decision-makers.