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Senate approves bill letting indirect buyers share in antitrust recoveries after debate on class actions and attorney fees

Utah State Senate · January 24, 2006
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Summary

The Utah Senate passed SB 16 to allow indirect purchasers to recover antitrust damages, adopting an amendment to prevent duplicate recoveries. Lawmakers debated risks of expanded class actions, allocation of damages, and court oversight of attorney fees.

The Utah Senate passed Senate Bill 16 on third reading after extended floor debate and an amendment intended to prevent duplicate recoveries when parallel federal and state claims exist.

Sponsor (unnamed in transcript) told colleagues the bill reverses the effect of the 1977 U.S. Supreme Court decision Illinois Brick by allowing indirect purchasers — consumers who did not buy directly from an alleged price-fixing distributor — to participate in antitrust recoveries. The sponsor said states that have adopted similar rules enable consumers to share in multi-state settlements rather than leaving recoveries with a distributor or out-of-state claimants.

The sponsor moved…

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