Choice of Law, Antitrust Class Actions, and the Value of State Inaction

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This article discusses the Ninth Circuit’s decision in Stromberg v. Qualcomm, on class-action choice-of-law issues. When you defend antitrust class actions in federal court like we do, you often see a long list of state antitrust claims brought by what are called indirect purchasers. That is because the federal antitrust laws have this strange quirk that usually forbids federal antitrust claims for damages by indirect purchasers.