Abbott Laboratories, Inc. v. Segura

in which HIGHTOWER, HECHT, ENOCH and OWEN, Justices, join.

In this case, we decide whether the longstanding bar to indirect purchaser recovery in antitrust suits also bars indirect purchasers who primarily allege antitrust conduct, but who sue under the Texas Deceptive Trade Practices-Consumer Protection Act (“DTPA”). Tex.Bus. & Com.Code Ann. §§ 17.41-17.63 (Vernon 1987). The court of *504appeals held that retail buyers of infant formula “staffed] causes of action for unconscionable price disparity and taking advantage of plaintiffs’ lack of capacity, knowledge, and experience to a grossly unfair…