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4755 REVIEW GRANTED Since the Cartwright Act (Business and Professions Code sections 16700 et seq.) calls for recovery of three times the damages caused by a violation, in an action under the Act plaintiff must show damage in the form of an actual loss; a plaintiff who has been overcharged for products as a result of defendants' violation of the Cartwright Act, but who recouped the excessive prices by passing them along when reselling defendants' products (i.,e., the "pass on" defense), has not sustained an actual loss and may not maintain the action; for the same reason, plaintiff lacks standing to maintain an action under the Unfair Competition Law (Business and Professions Code sections 17200 et seq.).CitationCLAYWORTH v PFIZER (Overpriced Pharmaceuticals) 165 CA4 209 [See: B&PC 16700 etseq, 17200 etseq; Hanover v United 392 US 481; State ex rel Van de Kamp v Texaco 46 C3 1147; Freeman v SD Realtors 77 CA4 171, T/AT 2/00]
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