California Supreme Court to Decide Whether Cartwright Act Permits Pass-on Defense

Under Federal antitrust law, a defendant cannot defend against a claim by arguing that the plaintiff did not suffer injury as a result of anticompetitive overcharges because the plaintiff passed on the overcharge through higher prices of its own.  Indirect purchases, under federal law, are generally barred from suit.  In Clayworth v. Pfizer, the California Supreme Court will determine whether the no-pass-on defense rule applies under the Cartwright Act, California’s state antitrust statute.

Post a Comment

Your email is never published nor shared. Required fields are marked *

*
*