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Full-Text Articles in Law
With The Illinois Brick Wall Down, What's Left?: Determining Antitrust Standing Under State Law, Kellen S. Dwyer
With The Illinois Brick Wall Down, What's Left?: Determining Antitrust Standing Under State Law, Kellen S. Dwyer
The Journal of Business, Entrepreneurship & the Law
This Article deals with a problem which has repeatedly arisen in state and federal courts, resulting in a number of splintered opinions. In 1977, the Supreme Court ruled that only direct purchasers of a price-fixed product may sue under the Sherman Act. Thus, under the "Illinois Brick rule," consumers who buy a price-fixed product from a middle-man may not sue. Many states responded by passing "Illinois Brick repealers" which aimed to allow such suits. This Article addresses two questions which have divided the state and federal courts: Did the Illinois Brick repealers grant automatic standing to any indirect purchaser of …