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Senate approves antitrust 'Illinois Brick' repealer after AG testimony and fee oversight amendment

Utah State Senate · January 27, 2006
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Summary

Senate Bill 16 would allow indirect purchasers to pursue antitrust recoveries in state court; Attorney General Mark Shurtleff testified in support, recommending oversight provisions. The Senate adopted an amendment to supervise attorney fees and passed the bill by recorded vote, sending it to the House.

Senate Bill 16, described by sponsor Senator Hilliard as an "antitrust repealer," would enable indirect purchasers—retailers and end consumers—to seek recovery under state antitrust law where federal precedent (Illinois Brick) bars them. Attorney General Mark Shurtleff told the Senate his office had been unable to pursue some recoveries without a state repealer: "we were not able to bring $800,000 back to Utah…

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