Direct Purchaser Rule

Direct Purchaser Rule

Direct Purchaser Rule

Illinois Brick bars indirect purchaser damages while Hanover Shoe bars the pass-on defense against direct purchasers. Together they allocate the full overcharge to the direct purchaser regardless of downstream effects.

Apple v. Pepper addressed platform purchasers.

Alternative Names:

Direct Purchaser Standing|Hanover Shoe Rule

Why it Matters?

The two rules operate as a matched pair, allocating the entire overcharge to direct purchasers and preventing both duplicative recovery and defendants escaping liability through pass-on arguments, which produces a coherent federal system that state repealer statutes disrupt. Ownership and control exceptions permit indirect purchaser claims where the direct purchaser was owned or controlled by the conspirator.

Frequently Confused with

Related terms

Frequently asked questions

How do the two rules interact?

How do the two rules interact?

As a matched pair allocating the full overcharge to direct purchasers while barring the pass-on defense.

What exceptions exist?

What exceptions exist?

Ownership and control exceptions where the direct purchaser was owned or controlled by the conspirator.