Senate Bill 0300

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    Florida Senate - 1999                                   SB 300

    By Senator Campbell





    33-537-99

  1                      A bill to be entitled

  2         An act relating to antitrust claims; creating

  3         s. 542.195, F.S.; providing that an indirect

  4         purchaser may claim an injury under ch. 542,

  5         F.S., or part II, ch. 501, F.S., for an

  6         unlawful overcharge for goods or services;

  7         providing that passing an unlawful overcharge

  8         to others is a partial or complete defense;

  9         authorizing the court to consolidate cases,

10         apportion damages, and delay disbursement of

11         damages; providing for the defendant to receive

12         a setoff against damages under certain

13         circumstances; providing for proving and

14         apportioning damages in a class action;

15         providing an effective date.

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17  Be It Enacted by the Legislature of the State of Florida:

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19         Section 1.  Section 542.195, Florida Statutes, is

20  created to read:

21         542.195  Indirect purchasers; authorization to pursue

22  antitrust claims.--

23         (1)  Any indirect purchaser in the chain of

24  manufacture, production, or distribution of goods or services,

25  upon proof of payment of all or any part of an unlawful

26  overcharge for such goods or services, shall be deemed to be

27  injured under this chapter and part II of chapter 501, the

28  Florida Deceptive and Unfair Trade Practices Act.

29         (2)  In an action under this chapter or part I of

30  chapter 501 which involves both direct and indirect purchasers

31  or multiple classes of indirect purchasers, the defendant may

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    Florida Senate - 1999                                   SB 300
    33-537-99




  1  prove as a partial or complete defense to a claim for damages

  2  that the unlawful overcharge has been passed to others who are

  3  themselves entitled to recover damages so as to avoid

  4  duplication of recovery of damages.

  5         (3)  If an antitrust claim is asserted by a direct

  6  purchaser and an indirect purchaser in the same court or in

  7  different courts or jurisdictions, the court may stay or

  8  consolidate the cases, apportion damages, or delay

  9  disbursement of damages to avoid multiplicity of suits, avoid

10  duplication of recovery of damages, and obtain substantial

11  fairness to all concerned parties.

12         (4)  In any action where an indirect purchaser seeks

13  recovery of damages under this chapter or part II of chapter

14  501, the defendant is entitled to a partial or complete

15  setoff, in the interest of justice, upon proof that the

16  defendant has previously paid some or all of such damages to a

17  direct purchaser based on the same unlawful conduct, whether

18  through settlement or judgment. Any setoff provided under this

19  subsection shall be ordered by the court in a postverdict

20  proceeding, and the existence or possibility of such setoff

21  may not be disclosed to the jury during trial.

22         (5)  In any class action brought under this section by

23  a purchaser or seller, the fact of injury and the amount of

24  damages sustained by the members of the class may be proven on

25  a class-wide basis without requiring proof of such matters by

26  each individual member of the class. Such damages may be

27  proved and assessed in the manner prescribed in s.

28  542.22(3)(e). The percentage of total damages attributable to

29  a member of such class shall be the same as the ratio of such

30  member's purchases or sales to the purchases or sales of the

31  class as a whole.

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    Florida Senate - 1999                                   SB 300
    33-537-99




  1         Section 2.  This act shall take effect July 1, 1999.

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  4                          SENATE SUMMARY

  5    Provides that an indirect purchaser may claim damages
      under the Florida Antitrust Act of 1980 and the Florida
  6    Deceptive and Unfair Trade Practices Act for an unlawful
      overcharge for goods or services. Provides that proof
  7    that the claimant passed the overcharge to others is a
      partial or complete defense to a claim for damages.
  8    Provides for the defendant to claim a setoff for damages
      paid to a direct purchaser based on the same unlawful
  9    conduct. Provides that in a class action, the damages
      sustained may be proven on a class-wide basis. Provides
10    for apportioning the damages attributable to members of
      the class.
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