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Illinois Brick Repealers

May 31, 2022

In Illinois Brick v. Illinois, the Supreme Court held that indirect purchasers (those who purchase from an intermediary) had no standing under the federal antitrust laws. However, various states allow for some type of recovery by or on behalf of indirect purchasers under state laws. Our survey provides a list of states that do not follow the Illinois Brick doctrine in their state antitrust or consumer protection law, by either statute or case law, and therefore allow for some type of recovery by or on behalf of indirect purchasers under state laws.

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