Moderator:

• Paula Render / Jones Day

Speakers:

• 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?