Indirect Purchaser Litigation Handbook, Second Edition

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 co-conspirators - may not sue under federal law. This Handbook seeks to explain both the framework for indirect purchaser claims and the issues that commonly arise in indirect purchaser litigation. 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. Contents: foreword; Preface; Introduction; Responses to the Illinois Brick decisions; Liability for indirect purchaser claims; Jurisdiction and choice of law issues in the indirect purchaser action; Discovery; Damages and remedies; Class action assertion of indirect purchaser claims; Management of multidistrict indirect purchaser litigation; Indirect purchaser settlements; Trial; Indirect purchaser litigation in Canada; Survey of state indirect purchaser jurisprudence and legislation; Background of the Illinois Brick decision; Final recommendation of the Antitrust Modernization Commission; Table of Cases.