Pamela Brennan v. Concord Efs, Inc.

How courts have described this case

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

• noting that the Ninth Circuit applies the exception “when the direct purchaser conspires horizontally or vertically to fix the price paid by the plaintiffs”
• distinguishing between direct payment of the price set by conspiring defendants and indirect payment of that price via pass-through, the latter being “merely ‘fixed’ in some broad sense’’
• noting the Illinois Brick court's rationale that indirect purchasers suffer no injury under § 4 of the Clayton Act and, thus, only direct purchasers have standing to seek damages for antitrust violations
• “In other words, indirect purchasers may not use a pass-on theory to recover damages and thus have no standing to sue.”
• “[Ijnput on policies and pricing issues by interested members does not constitute the type of control necessary to meet the exception to Illinois Brick.”
• to be a direct purchaser, “the price paid by plaintiffs must be the price set [by the conspiracy] (not merely ‘fixed’ in some broad sense)”

Source: CourtListener parenthetical corpus (CC0).