The California Supreme Court rejects pass-on defense under Cartwright Act in price fixing case in the pharmaceutical industry (Clayworth, Pfizer)

California Supreme Court Rejects Pass-On Defense in Price Fixing Case* By Jeffrey May, Wolters Kluwer Law & Business In a case of first impression, the California Supreme Court recently decided that alleged victims of a price fixing scheme can pursue treble damages claims under the California Cartwright Act, even though the victims passed on some or all of the purported overcharges to indirect purchasers downstream in the chain of distribution. Thus, the state’s high court “conclude[d] that under the Cartwright Act, as under federal law, generally no pass-on defense is permitted.” The underlying suit was brought by retail pharmacies located in California against drug companies for

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  • Wolters Kluwer (Riverwoods)

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Jeffrey May, The California Supreme Court rejects pass-on defense under Cartwright Act in price fixing case in the pharmaceutical industry (Clayworth, Pfizer), 12 July 2010, e-Competitions Bulletin US Private Enforcement, Art. N° 36049

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