"Considering The 'Indirect Purchaser' Rule's Potential Demise"published by Law360

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March 14, 2019

Recent oral arguments in the U.S. Supreme Court case Apple Inc. v. Pepper have raised speculation that a longstanding antitrust defense — the “indirect purchaser” rule — will be narrowed or possibly eliminated. The potential curtailment of the indirect purchaser rule would leave a significant void in the doctrinal arsenal of antitrust defendants.

In this article published in Law360, RK&O attorney Jakob Sebrow outlines how defendants seeking an alternative defense could fill that void using what might be called the “direct participant” rule, an aggressive principle of antitrust standing developed over the past two decades in the federal courts of appeal.

Click here to read the publication.


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