On July 12, 2010, in Clayworth et al. v. Pfizer et al., the Supreme Court of California held for the first time that suits brought by an indirect purchaser of goods under California antitrust law against participants in an alleged price fixing conspiracy could go forward regardless of whether the claimants had passed on any overcharge to the end consumers. This ruling overturned decisions at the trial and intermediate appellate level, bringing California law on the “pass on” defense in line with federal law and potentially opening the door to new state law antitrust actions.

View full memo, "California Supreme Court Holds “Pass On” Defense Unavailable in Antitrust Suit"