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: State Antitrust Law
California Supreme Court to Decide Whether Cartwright Act Permits Pass-on Defense
December 1, 2008 – 4:05 pm
Delaware Challenges Title Insurance Rate Setting
October 22, 2008 – 9:57 am
The state of Delaware has challenged rate setting practices by title insurance companies comprising 98% of the Delaware market. The District of Delaware case alleges that the companies agree on rates and implement them without effective regulatory review.
9th Circuit Affirms State Law Antitrust Violation
October 15, 2008 – 2:40 pm
The U.S. Court of Appeals for the Nineth Circuit recently upheld a verdict finding that a coupon printer’s right-of-first-refusal contracts constituted unlawful exclusive dealing under the Cartwright Act, California’s antitrust law. The court also upheld, however, the lower courts refusal to impose an injunction permanently banning right-of-first-refusal contracts on the ground that they can be […]