A federal judge has refused to dismiss antitrust suits accusing retail giant Babies R Us of conspiring with makers of high-end baby products to set minimum resale prices to squelch competition from Internet retailers. Consumers ordinarily lack standing to sue manufacturers for antitrust violations because the U.S. Supreme Court held in Illinois Brick v. Illinois that only "direct purchasers" have standing to bring such claims. But Judge Anita B. Brody found Illinois Brick was no impediment in this case.
Babies R Us Faces Antitrust Claims
The Legal Intelligencer
June 2, 2008