Abbott Laboratories, Inc. v. Segura

The Court today establishes a broad rule that bars DTPA claims by indirect purchasers when their claims are based upon unconscionable acts that could also constitute anti-competitive acts prohibited under the Texas Free Enterprise and Antitrust Act (the Antitrust Act). Athough I agree that the plaintiffs in this case cannot prevail on their DTPA claims, I think it is unnecessary to reach the question of whether the Antitrust Act has such preemptive force1 because the plaintiffs’ DTPA claims are without merit. Accordingly, I concur in the Court’s judgment, but I cannot join in its opinion.

I.…