By Steve Safranski and Alexander Rosselli
As tariff-refund litigation continues to expand, courts will face novel questions concerning standing, traceability, and pass-through theories. In this article, Steve Safranski and Alexander Rosselli examine how decades of antitrust indirect-purchaser precedent may provide a useful framework for evaluating these emerging claims. They also discuss the practical challenges plaintiffs may face in establishing Article III standing and tracing alleged economic harm through the distribution chain.
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