A dilemma
A price-fixer cheats his buyers, but he may also do something worse — frighten them into doing nothing about it.
Last week, the Third Circuit made a ruling that will calm victims’ fears. Instead of bringing a claim they don’t want to prosecute, the court held, they may freely assign it to someone
Dear Blawgletterati:
A rebuke
Drop dead, the Seventh Circuit on November 26 told U.S. firms that want to collect treble damages under the Sherman Act for fixing prices on their foreign subs' purchases overseas.
Either have your subs buy the stuff in the U.S., the panel ruled, or purchase the goods for import into the
In case you missed the en banc argument on Wednesday to the Third Circuit in Sullivan v. DB Investments Inc., No. 08-2784 (audio file here; post on panel decision here), Blawgletter offers our fragmentary notes below.
[By way of background, a panel of the Third Circuit ruled that, because some states don't allow indirect
The Supreme Court of California ruled last week that the Golden State's antitrust statute, the Cartwright Act, allows an award of overcharge damages to people who don't buy directly from a price-fixer. Clayworth v. Pfizer, Inc., No. S166435 (Cal. July 12, 2010).
The case involved pharmacies that alleged price-fixing by drug manufacturers. The