- Paula Render / Jones Day
- Andrew Gavil / Howard Law
- Jonathan Jacobson / Wilson Sonsini
- John Johnson / Edgeworth Economics
- Laura Weinstein / MoloLamken LLP
Presented by the Civil Practice and Procedure Committee.
“More Spring Blooms”
In Apple v. Pepper, the DOJ argued price-setting, not privity, identifies the direct seller. The Supreme Court disagreed, and two justices considered whether it is time to overturn Illinois Brick. In a post-Class Action Fairness Act world where federal courts routinely grapple with indirect purchaser claims despite Illinois Brick, is it time to think differently about indirect purchasers?