As tariff-refund litigation expands, courts will confront novel questions concerning standing, traceability and pass-through theories outside the antitrust context, Steve Safranski and Alexander Rosselli of Robins Kaplan explain. Initial decisions may focus on the nexus of plaintiffs’ alleged injury and tariff refunds. If so, antitrust indirect-purchaser cases can be helpful for evaluating these claims’ viability. Following the Supreme Court’s d…
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