Illinois Brick Co. v. Illinois

Illinois Brick (defendant) sold concrete bricks to masonry contractors, who bid on portions of construction projects awarded by the State of Illinois (plaintiff) to general contractors; Illinois, as an indirect purchaser several steps removed from Illinois Brick, alleged Illinois Brick's price-fixing conspiracy caused overcharges that were passed down through the contracting chain and ultimately inflated the state's construction costs. Illinois sued for treble damages under Clayton Act section 4, Illinois Brick moved for summary judgment arguing indirect purchasers cannot sue under section 4, the court of appeals rejected that argument, and Illinois Brick appealed.