NCJ Number
49752
Date Published
1978
Length
59 pages
Annotation
THE COMMITTEE REPORTS FAVORABLY ON A BILL THAT WOULD PERMIT CONSUMERS, BUSINESSES, AND GOVERNMENTS INJURED BY ANTITRUST VIOLATIONS TO RECOVER DAMAGES REGARDLESS OF WHETHER THEY HAVE DEALT DIRECTLY WITH THE VIOLATOR.
Abstract
THE PROPOSED BILL WOULD AMEND SECTION 4 OF THE CLAYTON ACT SO THAT CONSUMERS--INDIVIDUALS, BUSINESSES, STATE GOVERNMENTS, FEDERAL AGENCIES, ETC.--THAT PURCHASE GOODS AND SERVICES FROM WHOLESALERS, RETAILERS, AND OTHER MIDDLEMEN WOULD NO LONGER BE BARRED FROM RECOVERING DAMAGES FOR INJURIES SUFFERED AS A RESULT OF AN ANTITRUST VIOLATION BY THE ORIGINAL MANUFACTURER OR PURVEYOR. FOR EXAMPLE, THE PATIENT WHO IS OVERCHARGED BY THE PHARMACY AS A RESULT OF ILLEGAL PRICE-FIXING ACTIVITIES BY DRUG MANUFACTURERS COULD, UNDER THE PROPOSED BILL, OBTAIN REDRESS FROM THE MANUFACTURER. THE BILL STANDS CONTRARY TO A 1977 FINDING BY THE U.S. SUPREME COURT THAT WOULD DENY SUCH REDRESS. THE COMMITTEE REPORT CITES JUDICIAL AND LEGISLATIVE PRECEDENT FOR OVERRULING THE SUPREME COURT'S FINDING, OFFERS AN EXPLANATION OF THE PROPOSED BILL AND THE CHANGES IT WOULD MAKE IN THE CLAYTON ACT, AND PRESENTS THE FULL TEXT OF THE BILL AS REPORTED BY THE COMMITTEE. THE INDIVIDUAL VIEWS OF VARIOUS COMMITTEE MEMBERS REGARDING THE BILL ARE INCLUDED. MINORITY AND ADDITIONAL VIEWS ARE REPORTED IN A SEPARATE DOCUMENT.