| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | General Assembly Committee Bill No. 442 | |
| 2 | 2 | January Session, 2017 LCO No. 5565 | |
| 3 | - | *_____ | |
| 3 | + | *_____SB00442PH____032917____* | |
| 4 | 4 | Referred to Committee on PUBLIC HEALTH | |
| 5 | 5 | Introduced by: | |
| 6 | 6 | (PH) | |
| 7 | 7 | ||
| 8 | 8 | General Assembly | |
| 9 | 9 | ||
| 10 | 10 | Committee Bill No. 442 | |
| 11 | 11 | ||
| 12 | 12 | January Session, 2017 | |
| 13 | 13 | ||
| 14 | 14 | LCO No. 5565 | |
| 15 | 15 | ||
| 16 | - | *_____ | |
| 16 | + | *_____SB00442PH____032917____* | |
| 17 | 17 | ||
| 18 | 18 | Referred to Committee on PUBLIC HEALTH | |
| 19 | 19 | ||
| 20 | 20 | Introduced by: | |
| 21 | 21 | ||
| 22 | 22 | (PH) | |
| 23 | 23 | ||
| 24 | 24 | AN ACT CLARIFYING THE RIGHT TO ENFORCE ANTITRUST LAWS. | |
| 25 | 25 | ||
| 26 | 26 | Be it enacted by the Senate and House of Representatives in General Assembly convened: | |
| 27 | 27 | ||
| 28 | 28 | Section 1. (NEW) (Effective from passage) In any action brought under subsection (c) of section 35-32 of the general statutes or seeking treble damages under section 35-35 of the general statutes, a defendant that sells, distributes or otherwise disposes of any drug or device, as defined in 21 USC 321, as amended from time to time: | |
| 29 | 29 | ||
| 30 | 30 | (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 | |
| 31 | 31 | ||
| 32 | 32 | (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 for a drug or device ultimately was passed on to another person by a purchaser or a seller in the chain of manufacture, production or distribution of the drug or device that paid the alleged overcharge. | |
| 33 | 33 | ||
| 34 | 34 | ||
| 35 | 35 | ||
| 36 | 36 | ||
| 37 | 37 | This act shall take effect as follows and shall amend the following sections: | |
| 38 | 38 | Section 1 from passage New section | |
| 39 | 39 | ||
| 40 | 40 | This act shall take effect as follows and shall amend the following sections: | |
| 41 | 41 | ||
| 42 | 42 | Section 1 | |
| 43 | 43 | ||
| 44 | 44 | from passage | |
| 45 | 45 | ||
| 46 | 46 | New section | |
| 47 | 47 | ||
| 48 | 48 | ||
| 49 | 49 | ||
| 50 | 50 | PH Joint Favorable | |
| 51 | - | JUD Joint Favorable | |
| 52 | 51 | ||
| 53 | 52 | PH | |
| 54 | - | ||
| 55 | - | Joint Favorable | |
| 56 | - | ||
| 57 | - | JUD | |
| 58 | 53 | ||
| 59 | 54 | Joint Favorable |