Illinois Brick Repealer State Law Survey

Summary

This survey provides a list of states that do not follow the Illinois Brick doctrine in their state antitrust or consumer protection law, by either statute or case law, and therefore allow for some type of recovery by or on behalf of indirect purchasers under state laws. Indirect purchasers are those who purchase from an intermediary, rather than directly from a defendant. State laws that authorize recovery by indirect purchasers are known as Illinois Brick repealers. In Illinois Brick v. Illinois, 431 U.S. 720 (1977), the Supreme Court held that indirect purchasers had no standing under the federal antitrust laws. In California v. ARC America Corp., 490 U.S. 93, 102 (1989), the Supreme Court held that the indirect purchaser doctrine does not preempt state laws that allow indirect purchaser suits.