In any action brought under subsection (c) of section 35-32 or seeking treble damages under section 35-35, a defendant:
(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 ultimately was passed on to another person by a purchaser or a seller in the chain of manufacture, production or distribution that paid the alleged overcharge.
(P.A. 17-241, S. 2; P.A. 18-22, S. 1.)
History: P.A. 17-241 effective July 10, 2017; P.A. 18-22 deleted reference to sale, distribution or disposal of drug or device, and made conforming changes.