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 […]
Category Archives: Antitrust Standing
California Supreme Court to Decide Whether Cartwright Act Permits Pass-on Defense
December 1, 2008 – 4:05 pm
G-Fee Conspiracy Case to Go Forward Against Fanny & Freddy
November 7, 2008 – 2:27 pm
A group of home mortgage holders prevailed on a portion of their complaint against Fanny Mae and Freddy Mac, alleging that the two mortgage guarantee corporations conspired to increase guarantee fees charged to mortgage lenders. Although the court dismissed the claims for injunctive relief, it allowed the damages claim to continue even though the plaintiffs […]