We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
Antitrust Arbitration and Illinois Brick.
- Authors
Lemley, Mark A.; Leslie, Christopher R.
- Abstract
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 an antitrust claim in federal court. In doing so, it undermined the policy rationale for Illinois Brick, paving the way for courts to reconsider the ban on antitrust enforcement by indirect purchasers.
- Subjects
UNITED States; ANTITRUST law; ARBITRATION &; award; ILLINOIS Brick Co. v. Illinois (Supreme Court case); LEGAL judgments; LOCUS standi (Antitrust law); JUDICIAL reform; ANTITRUST violation lawsuits; AMERICAN Express Co. v. Italian Colors Restaurant; ACTIONS &; defenses (Law); U.S. states
- Publication
Iowa Law Review, 2015, Vol 100, Issue 5, p2115
- ISSN
0021-0552
- Publication type
Article