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Federalism and the Indirect Purchaser Mess
George Mason Law Review (2002)
  • Jonathan T. Tomlin
  • Dale Giali
Abstract
As numerous recent state court decisions involving Microsoft clearly indicate, not only can states differ from federal law in their response to the question of whether indirect purchasers should be allowed to recover damages in antitrust suits, but they may differ substantially from each other. The current state of indirect purchaser law is a non-homogeneous meld of federal law, which denies recovery of damages by indirect purchasers, and numerous existing and new state laws. As we explain, this meld has led to a system plagued by arbitrary penalties and a dangerous likelihood of overdeterrence. Given the incentives of the states and the numerous solutions they have reached, a coordinated solution is needed to resolve this indirect purchaser mess.
Keywords
  • indirect purchaser,
  • antitrust,
  • federalism
Publication Date
2002
Citation Information
Jonathan T. Tomlin and Dale Giali. "Federalism and the Indirect Purchaser Mess" George Mason Law Review Vol. 11 (2002)
Available at: http://works.bepress.com/jonathan_tomlin/4/