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From Walker Process to In re DDAVP: Should Direct Purchasers Have Antitrust Standing in Walker Process Claims?

BY | November 24, 2008

This article is part of a Chronicle. See more from this Chronicle Aidan Synnott, Nov 29, 2008 In In re: DDAVP Direct Purchaser Antitrust Litigation, decided in 2006, the district…

This article is part of a Chronicle. See more from this Chronicle

Aidan Synnott, Nov 29, 2008

In In re: DDAVP Direct Purchaser Antitrust Litigation, decided in 2006, the district court held that direct purchasers of a product from a monopolist which secured its monopoly by fraud on the Patent Office do not have standing to bring a Walker Process claim. I examine the reasoning behind the decision and conclude that the court’s holding is erroneous. Because direct purchasers can clearly be vi

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