This blog recently covered an interesting antitrust case that upheld the Supreme Court’s bright line rule established in Illinois Brick: indirect buyers are barred from pursuing money damages under the federal antitrust laws. The Sixth Circuit has now decided against rehearing the case en banc. The denial, however, drew two dueling statements. Judge Bush agreed … Continue Reading
A recent Sixth Circuit decision by Judge Murphy highlighted that sometimes the decisive antitrust issue is identifying who was harmed and where they sit in the distribution chain. In Academy of Allergy & Asthma et al. v. Amerigroup Tennessee, Inc, the court affirmed that a provider’s federal antitrust claims were too indirect to recover under … Continue Reading
