General Assembly Committee Bill No. 442
January Session, 2017 LCO No. 5565
*_____SB00442JUD___050917____*
Referred to Committee on PUBLIC HEALTH
Introduced by:
(PH)
General Assembly
Committee Bill No. 442
January Session, 2017
LCO No. 5565
*_____SB00442JUD___050917____*
Referred to Committee on PUBLIC HEALTH
Introduced by:
(PH)
AN ACT CLARIFYING THE RIGHT TO ENFORCE ANTITRUST LAWS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
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:
(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 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.
This act shall take effect as follows and shall amend the following sections:
Section 1 from passage New section
This act shall take effect as follows and shall amend the following sections:
Section 1
from passage
New section
PH Joint Favorable
JUD Joint Favorable
PH
Joint Favorable
JUD
Joint Favorable