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Illinois Brick Doctrine: A Deep Dive into Antitrust Principles
Definition & Meaning
The Illinois Brick Doctrine is a legal principle in antitrust law that restricts who can sue for damages related to antitrust violations. Specifically, it states that only direct purchasers of a product can seek damages from antitrust violators. This means that if a consumer buys a product from a retailer, the retailer cannot claim damages on behalf of the consumer. Instead, the consumer is considered the direct purchaser. This doctrine was established in the Supreme Court case Illinois Brick Co. v. Illinois, 431 U.S. 720 (1977). The purpose of this rule is to prevent multiple parties from recovering damages for the same overcharge in the distribution chain.
Table of content
Legal Use & context
The Illinois Brick Doctrine is primarily used in antitrust litigation. It applies in cases where indirect purchasers, such as consumers or businesses that buy products from retailers, seek damages for antitrust violations. Legal professionals often reference this doctrine when evaluating the standing of plaintiffs in antitrust cases. Users can manage certain legal actions related to this doctrine using legal templates available through platforms like US Legal Forms, which offer resources for drafting necessary documents.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A manufacturer sells a product to a retailer at a set price. If the retailer sells that product to consumers at a higher price due to an overcharge from the manufacturer, only the consumers can sue for damages, not the retailer.
Example 2: (hypothetical example) A group of consumers buys software from a retailer that was overcharged by the software developer. Under the Illinois Brick Doctrine, the consumers can sue the developer, but the retailer cannot join the lawsuit for damages.
Relevant laws & statutes
The key case establishing the Illinois Brick Doctrine is Illinois Brick Co. v. Illinois, 431 U.S. 720 (1977). Additionally, the Clayton Act, specifically § 4, outlines the rights of parties to sue for damages in antitrust cases, although it does not allow indirect purchasers to recover under federal law.
State-by-state differences
State
Antitrust Recovery for Indirect Purchasers
California
Permits indirect purchasers to recover damages under state law.
New York
Allows indirect purchasers to sue under state antitrust laws.
Illinois
Follows the Illinois Brick Doctrine; indirect purchasers cannot recover.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Difference
Direct Purchaser
A party that buys a product directly from the seller.
Can sue for damages under antitrust laws.
Indirect Purchaser
A party that buys a product through an intermediary.
Generally cannot sue for damages under federal law.
Clayton Act
A federal law that regulates antitrust issues.
Establishes the right to sue but does not allow indirect purchasers to recover damages.
Common misunderstandings
What to do if this term applies to you
If you believe you have been affected by an antitrust violation as an indirect purchaser, consider the following steps:
Consult a legal professional to understand your rights under state law.
Explore legal templates on US Legal Forms to draft necessary documents if you wish to pursue a claim.
Gather evidence related to your purchase and any overcharges you experienced.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.