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Antitrust & Trade Reg.

Jul. 27, 2010

The Pass-On Defense to Antitrust Violations: Not All Gone

California is now the preferential forum for antitrust claims, by Jules S. Zeman of Haight Brown & Bonesteel.

By Jules S. Zeman

Given the recent state Supreme Court decision in Clayworth v. Pfizer Inc., California state courts are now much more attractive to antitrust plaintiffs. In fact, coupled with existing legislation, California has become a preferential forum for antitrust claims. In Clayworth, the state Supreme Court unanimously rejected the "pass-on" defense to alleged antitrust violations under the Cartwright Act, California's...

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