Indirect Purchaser Cases in 2017: Key Appeals Court Rulings

Zealous Woman Christina Tabacco and Zelle Partner Christopher Micheletti co-wrote an article titled "Indirect Purchaser Cases in 2017: Key Appeals Court Rulings” that was published in Competition Law360.

As we enter the new year, we review some of the more interesting 2017 court decisions in or affecting the indirect purchaser class action arena, and provide practitioners with some key takeaways for 2018 and beyond. As with 2016, there were no major U.S. Supreme Court decisions impacting indirect purchaser claims. Unlike 2016, however, several courts of appeal decisions addressed key issues such as ascertainability, 23(b)(3) predominance, and indirect versus direct purchaser status. There also were numerous district court decisions addressing pleading motions, class certification in “pay for delay” drug cases, class certification of nationwide and multistate class claims based on California’s antitrust law, the Cartwright Act, and a variety of other instructive decisions.

In this, the first of a two-part year-end review, we discuss several key decisions of courts of appeal.

To read the article in full, please click here.