The US Court of Appeals for the 3rd Circuit vacates a class action settlement in diamond industry favoring the status of direct purchasers for antitrust laws enforcement in U.S. courts (Sullivan, DB Investments)

In U.S., It’s Getting Harder to Bring Consumer Antitrust Class Actions* One of the inevitable facts of life in the U.S. after a government antitrust investigation becomes public – especially if it is a cartel investigation with an amnesty applicant or guilty pleas – is customer class actions. U.S. class action plaintiffs’ lawyers frequently bring “follow-on” cases on behalf of purchasers of the affected products within days (or at least weeks) of public disclosure of a cartel or other antitrust investigation. It is often the case, however, that the immediate purchasers of the allegedly price-fixed products (or monopolized products, as the case may be) are major distributors or wholesalers of the products, not consumers. Under the U.S. Supreme Court decision in Illinois Brick v. Illinois

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  • Gibson Dunn (New York)

Quotation

Eric Stock, The US Court of Appeals for the 3rd Circuit vacates a class action settlement in diamond industry favoring the status of direct purchasers for antitrust laws enforcement in U.S. courts (Sullivan, DB Investments), 13 July 2010, e-Competitions Bulletin July 2010, Art. N° 35662

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