Apples & Economics: Is Illinois Brick Obsolete? | ABA Antitrust Law Spring Meeting 2020
Edgeworth Economics CEO Dr. John H. Johnson will speak at the ABA Virtual Antitrust Law Spring Meeting. The conference, which is widely considered the premier event of the year for competition and consumer protection professionals worldwide, will be held as an all digital event due to the COVID-19 pandemic.
Dr. Johnson will speak on the panel, “Apples & Economics: Is Illinois Brick Obsolete?,” presented by the Civil Practice & Procedure and Economics Committees. In Apple v. Pepper, the DOJ argued price setting, not privity, identifies the direct seller. The Supreme Court disagreed, and two justices mused whether it is time to overturn Illinois Brick. In a post-Class Action Fairness Act world where federal courts routinely grapple with indirect purchaser claims despite Illinois Brick, the panel will discuss whether it is time to think differently about indirect purchasers.