Outside Publication

Chapter Author, “Trial,” Indirect Purchaser Litigation Handbook, American Bar Association


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 coconspirators, may not sue under federal law.

In more than a quarter-century since that decision, courts, legislatures, practitioners, academics, and the ABA itself all have struggled with the ramifications of this decision. This Handbook seeks to explain both the framework for indirect purchaser claims and the issues that commonly arise in indirect purchaser litigation.