The Supreme Court of the United States has held that the pass-on theory may not be used offensively by an indirect purchaser against an alleged antitrust violator to prove that the indirect purchaser has been injured within the meaning of section 4 of the Clayton Act.
Illinois Brick Co. v. Illinois, 431 U.S. 720 (1977).
Carl S. Hisiro,
Antitrust Law - Clayton Act - Offensive Use of the Pass-on Theory,
Duq. L. Rev.
Available at: https://dsc.duq.edu/dlr/vol16/iss4/19