Illinois Brick Doctrine | Practical Law

Illinois Brick Doctrine | Practical Law

Illinois Brick Doctrine

Illinois Brick Doctrine

Practical Law Glossary Item w-009-4035 (Approx. 3 pages)

Glossary

Illinois Brick Doctrine

A judicially created doctrine holding that indirect purchasers do not have antitrust standing to sue for damages under federal antitrust law (see Illinois Brick Co. v. Illinois, 431 U.S. 720, 746-47 (1977)). Indirect purchasers are purchasers down the distribution chain, such as consumers who purchase manufactured goods from third-party retailers. A majority of states, through so-called Illinois Brick repealer statutes or case law, allow indirect purchasers to bring claims under their respective state antitrust laws (see State Illinois Brick Repealer Laws Chart). For additional exceptions to the Illinois Brick doctrine, see Practice Note, Antitrust Standing of Private Plaintiffs: Indirect Purchaser Standing.