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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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Indirect Purchaser and Litigation Handbook

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Edited by: ABA Section of Antitrust Law

ISBN13: 9781590318683
Publisher: American Bar Association
Country of Publication: USA
Format: Paperback
Price: Price on Application

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. In more than a quarter-century since that decision, courts, legislatures, practitioners, academics, and the ABA itself all have struggled with the ramifications of this decision.

This Handbook seeks to explain both the framework for indirect purchaser claims and the issues that commonly arise in indirect purchaser litigation. With the passage of the Class Action Fairness Act of 2005, we move into a new chapter of indirect purchaser litigation, with the prospect of an increasing role for federal courts.

This Handbook pulls together the developments in indirect purchaser jurisprudence. 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.