Washington, D.C., partner Ken Vorrasi moderated a panel discussion entitled “Come Get Your Overcharge: Should Illinois Brick Be Reconstructed?” on November 19, 2018. Joining Ken in the presentation, which was sponsored by the Section’s Global Private Litigation Committee, were international competition attorneys Kathryn Finlayson of Minter Ellison (Brisbane, Australia); Nima Lorje of Freshfields Bruckhaus Deringer LLP (Amsterdam, Netherlands); and Charles Wright of Siskinds LLP (Ontario, Canada).
In recent months, antitrust officials and state attorneys general throughout the United States have begun questioning the efficacy and viability of the Supreme Court’s rule against indirect purchaser actions under Illinois Brick. At the same time, other jurisdictions have already developed competition rules to address how direct and indirect purchasers seek redress for antitrust harm. Panelists discussed how their jurisdictions are addressing the issue—and what the U.S. can learn from their approaches should Illinois Brick get reconstructed.