In any action brought under subsection (c) of section 35-32 or seeking treble damages under section 35-35, a defendant:
(1) May not assert as a defense that the defendant did not deal directly with the person on whose behalf the action is brought; and
(2) May, in order to avoid duplicative liability, prove, as a partial or complete defense against a damage claim, that all or any part of an alleged overcharge ultimately was passed on to another person by a purchaser or a seller in the chain of manufacture, production or distribution that paid the alleged overcharge.
(P.A. 17-241, S. 2; P.A. 18-22, S. 1.)
History: P.A. 17-241 effective July 10, 2017; P.A. 18-22 deleted reference to sale, distribution or disposal of drug or device, and made conforming changes.
Structure Connecticut General Statutes
Title 35 - Trade Regulations, Trademarks and Collective and Certification Marks
Chapter 624 - Connecticut Antitrust Act
Section 35-24. - Short title: Connecticut Antitrust Act.
Section 35-26. - Restraint of trade or commerce unlawful.
Section 35-27. - Monopolization or attempt to monopolize unlawful.
Section 35-28. - Acts unlawful when purpose or effect is restraint of trade or commerce.
Section 35-30. - Application of chapter.
Section 35-32. - Attorney General to bring actions in the name of state or as parens patriae.
Section 35-32a. - Funds received by state re antitrust actions deposited in General Fund.
Section 35-33. - Superior Court jurisdiction.
Section 35-34. - Injunctive relief.
Section 35-35. - Treble damages for injury to business or property.
Section 35-36. - Final judgment in action brought by Attorney General as prima facie evidence.
Section 35-36a. - Proceedings for forfeiture of franchise.
Section 35-37. - Copies of complaints to Attorney General.
Section 35-38. - Civil penalties for violations.
Section 35-39. - Liability of legal or commercial entity for acts of agents.
Section 35-40. - Limitation of actions. Accrual of cause of action for continuing violation.
Section 35-41. - Suspension of statute of limitations.
Section 35-44. - Actions and proceedings to be in accordance with civil actions statutes.
Section 35-44b. - Judicial construction of Connecticut Antitrust Act.