MacK v. Bristol-Myers Squibb Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that indirect purchasers may sue under Florida’s Deceptive Trade Practices Act, but not under the state antitrust act
• although indirect purchaser cannot sue under state antitrust act, she can sue under the Florida Deceptive and Unfair Trade Practices Act
• “[T]he Florida DTPA clearly expresses the legislative policy to authorize consumers (that is, indirect purchasers) to bring actions under the Florida DTPA for price-fixing conduct.”
• “A fair reading of section 501.211 reveals no intention by the legislature to limit suits for price-fixing to direct purchasers only.”
• “We read subsections 501.202(2), 501.211(2), and 501.204(1) of [FDUTPA] as a clear statement of legislative policy to protect consumers through the authorization of such indirect purchaser actions.”
• “While paragraphs (a) through (c) of subsection 501.203(3) set forth possible violations which would permit recovery under the Florida DUTPA, it is clear that the legislature did not intend the list'to be exclusive.”

Source: CourtListener parenthetical corpus (CC0).