You might think that if you purchase a product for a price inflated by bad actors in the supply chain, you would be able to collect damages. Unfortunately, depending on who you are, you would be wrong.

Consumers and businesses, indirect purchasers of products whose prices are fixed by those who supply the maker of your purchase, may not collect damages in states that, surprisingly, do not have antitrust laws that give them standing.

But what about federal law? Why do some states provide for damages and others do not? Are there alternatives?  Are there any pro-purchaser changes on the horizon that could impact antitrust litigation brought by indirect buyers?

For answers to these questions and more, listen to my interview with attorney Austin Cohen of Levin Sedran & Berman LLP of Philadelphia. His practice focuses on antitrust and business law, class actions, torts and products liability, and environmental damage litigation. Austin received a BA in Economics and History from the University of Pennsylvania and his JD, cum laude, from the University of Pittsburgh School of Law. During law school, he interned for the Honorable Lowell Reed (E.D. Pa.) June – August, 1995. He also served as an Executive Editor and Associate Editor for the University of Pittsburgh Journal of Law and Commerce and was a finalist in the Murray S. Love Trial Moot Court Competition.

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Tom Hagy
Litigation Enthusiast and
Host of the Emerging Litigation Podcast
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Our Guest

Austin B. Cohen
Austin B. CohenLevin Sedran & Berman LLP

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Tom Hagy
Tom HagyEditor-in-Chief
Tom Hagy is host and producer of the Emerging Litigation Podcast, now approaching its 120th episode with more than 15,000 downloads, along with thousands of additional views on the HB Litigation News YouTube channel. He edits a litigation blog that ranked as the most read in its category on JD Supra in 2025 and regularly writes about emerging legal issues for the HB website.
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