Full opinion text
OPINION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ COLLECTIVE MOTION TO DISMISS INDIRECT PURCHASER ACTIONS MARIANNE O. BATTANI, District Judge. Before the Court is Defendants’ Collective Motion to the Dismiss End-Payor Plaintiff Consolidated Amended Complaint and the Automobile Dealer Plaintiff Consolidated Class Complaint (Doc. Nos. 88 (sealed) and 89, Exhibit 1 (redacted) in 12-302 and Doc. Nos. 55 (sealed) and 56 (redacted) in 12-303). Automobile Dealer Plaintiff and End-Payor Plaintiff (collectively “Indirect Purchaser Plaintiffs” or “IPPs”) bring class actions against Defendants under federal and state law based on Defendants’ alleged conspiracy to rig bids, fix prices, and allocate the market for Fuel Senders. Although the IPPs filed separate complaints, Defendants analyze the complaints together for purposes of this motion, and the Court does the same. The Court heard oral argument on the motion on February 12, 2014, and at the conclusion of the argument, took this matter under advisement. For the reasons that follow, the motion is GRANTED in part and DENIED in part. I. INTRODUCTION On February 7, 2012, the United States Judicial Panel on Multidistrict Litigation (“Judicial Panel” or “Panel”) transferred actions sharing “factual questions arising out of an alleged conspiracy to inflate, fix, raise, maintain, or artificially stabilize prices of automotive wire harness systems” to the Eastern District of Michigan. (12-md-02311, Doc. No. 2). In its transfer order, the Judicial Panel noted that the majority of cases were pending in the Eastern District, as was the first filed action, that several defendants were located in this district, and that a related criminal investigation was underway in this district. (Id.) The Panel determined that centralizing litigation in this District would eliminate duplicative discovery, prevent in-, consistent pretrial rulings, and conserve resources. (Id.) After complaints were filed,alleging conspiracies to fix prices of three additional component parts, the Judicial Panel determined that including all actions in MDL No. 2311 would result in the most efficient handling of the case. The Judicial Panel noted the existence of similar conspiracies with overlapping defendants arising from the same government investigation as well as an overlap of parties and counsel. The additional component part cases were transferred to this Court for coordinated pretrial proceedings, and In re: Automotive Wire Harness Systems Antitrust Litigation was renamed In re: Automotive Parts Antitrust Litigation. (Doc. No. 117 in 12-2311). There are now twenty-nine component part cases pending. On February 28, 2013, Automobile Dealer Purchaser Plaintiffs filed their Consolidated Class Complaint (Doc. No. 39, Ex. A (redacted) in 12-302, Doc. No. 40 (sealed)), and End-Payor Plaintiffs filed their Consolidated Amended Class Action Complaint (Doc. Nos. 46 in 12-203 (redacted) and 47 (sealed)). Defendants assert that the Indirect Purchaser Plaintiffs’ complaints fail to meet the minimum requirements for pleading an antitrust conspiracy, that they lack standing to bring antitrust claims, and their state law claims must be dismissed on a variety of grounds. II. FACTUAL ALLEGATIONS Defendants are manufacturers or sellers of Fuel Senders that are manufactured or sold in the United States. In their motion, they challenge the complaints alleging conspiracy to fix prices on products filed by two different groups of plaintiffs — automobile dealers and end-payors. The Automobile Dealer Plaintiffs (“ADPs”), including Martens Cars of Washington, Inc., Lan-ders Auto Group No. 1, Inc. d/b/a Landers Toyota, Hammett Motor Company, Inc., Superstore Automotive, Inc., Lee Pontiac-Oldsmobile GMC Truck, Inc., Westfield Dodge City, Inc., V.I.P. Motor Cars Ltd., Desert European Motorcars, Ltd., Lan-ders McLarty Fayetteville TN, LLC, Dale Martens Nissan Subaru, Inc., Green Team of Clay Center Inc., McGrath Automotive Group, Inc., Table Rock Automotive, Inc. d/b/a Todd Archer Hyundai, Archer-Per-due, Inc. d/b/a Archer-Perdue Suzuki, Landers McLarty Lee’s Summit, MO, LLC d/b/a Lee’s Summit Chrysler Dodge Jeep Ram, and d/b/a Lee’s Summit Nissan, Bonneville and Son, Inc., Holzhauer Auto and Truck Sales, Inc., Pitre, Inc. d/b/a Pitre Buick GMC, Patsy Lou Chevrolet, Inc., John Greene Chrysler Dodge Jeep, LLC, SLT Group II, Inc. d/b/a Planet Nissan Subaru of Flagstaff, Herb Hallman Chevrolet, Inc. d/b/a Champion Chevrolet, Charles Daher’s Commonwealth Motors, Inc. d/b/a Commonwealth Chevrolet, Commonwealth Kia, Commonwealth Honda, Commonwealth Volkswagen d/b/a Commonwealth Volkswagen, Commonwealth Nissan, Inc. d/b/a Commonwealth Nissan, Ramey Motors, Inc., Thornhill Superstore, Inc. d/b/a Thornhill GM Superstore, Dave Heather Corporation d/b/a Lakeland Toyota Honda Mazda Subaru, Central Salt Lake Valley GMC Enterprises, LLC d/b/a Salt Lake Valley Buick GMC, Capitol Chevrolet Cadillac, Inc., Capitol Dealerships, Inc. d/b/a Capitol Toyota, Beck Motors, Inc., Stranger Investments d/b/a Stephen Wade Toyota, John O’ Neil Johnson Toyota, LLC, Hartley Buick GMC Truck, Inc., Lee Oldsmobile-Cadillae, Inc. d/b/a Lee Honda, Lee Auto Malls-Topsham, Inc. d/b/a Lee Toyota of Topsham, Landers of Hazelwood, LLC d/b/a Landers Toyota of Hazelwood, Cannon ChevroleWOldsmo-bile-Cadillac-Nissan, Inc., Cannon Nissan of Jackson, LLC, Hudson Charleston Acquisition, LLC d/b/a Hudson Nissan, Shearer Automotive Enterprises III, Inc., and Apex Motor Corporation, filed their Consolidated Class Complaint on behalf of themselves and all others similarly situated. In their proposed class action, Automobile Dealer Plaintiffs allege that the manufacturers and suppliers of Fuel Senders in “a lengthy conspiracy to suppress and eliminate competition ... by agreeing to rig bids for, and to fix, stabilize, and maintain the prices of these products.... ” (Doc. No. 37 at ¶¶ 1, 3). In their Corrected Consolidated Amended Class Action Complaint, End-Payor Plaintiffs (“EPPs”) Tom Halverson, Sophie O’Keefe-Selman, Stephanie Petras, Melissa Barron, John Hollingsworth, Meetesh Shah, Michael Tracy, Jane Taylor, Keith Uehara, Jennifer Chase, Darrel Senior, James Marean, Ron Blau, Nilsa Mercado, Darcy Sherman, David Bernstein, Ellis Winston Mclnnis, IV, Thomas Wilson, Lauren Primos, Robert Klingler, Jessica DeCastro, Virginia Pueringer, Nathan Croom, Richard Stoehr, Edward Muscara, Michael Wick, Tenisha Burgos, Jason Gra-la, Kathleen Tawney, Kelly Klosterman, Cindy Prince, Paul Gustaon, France Gam-mell-Roach, William Dale Picotte, Phillip Young, Jesse Powell, Alena Farrell, Janne Rice, Robert Rice, Stacey Niekell, and Carol Ann Kashishian, on behalf of themselves and all others similarly situated, bring a class action arising out of Defendants’ conspiracy to fix, raise, maintain, and/or stabilize prices, rig bids and allocate the market and customers in the United States for Fuel Senders.” (Doc, No. 46-at ¶¶ 1, 3). Both Automobile Dealer Plaintiffs and End-Payor Plaintiffs bring their actions under Section 16 of the Clayton Act (15 U.S.C. § 26) to secure equitable and in-junctive relief against Defendants for violating Section 1 of the Sherman Act (15 U.S.C. § 1). They also assert claims for actual and exemplary damages pursuant to state antitrust, consumer protection, and unjust enrichment laws, and seek to obtain restitution, recover damages, and secure other relief against Defendants for violations of the laws of various states. Both groups obtained Fuel Senders as a result of buying or leasing vehicles or purchasing stand-alone Fuel Senders for repair purposes. Defendants are manufacturers, marketers, and sellers of Fuel Senders, which “measure the amount of fuel in a vehicle’s fuel tank.” (Doc. No. 39 at ¶¶ 3, 4; Doc. No. 46 at ¶¶ 2, 4). Indirect Purchaser Plaintiffs identify two groups of Defendants: the Denso group (Doc. No. 39 at ¶¶ 110-113; Doc. No. 46 at ¶¶ 66-68), which includes Denso Corporation and Denso International America, Inc., and the Yazaki group, which includes Yazaki Corporation and Yazaki North America, Inc. (Doc. No. 39 at ¶¶ 107-109; Doc. No. 46 at ¶ 64-65). Original equipment manufacturers (“OEM”) install Fuel Senders into new cars as part of the manufacturing process. Fuels Senders are also installed in cars to replace worn out, defective, or damaged Fuel Senders. (Doc. No. 39 at ¶ 117; Doc. No. 46 at 1173). As part of the Fuel Sender purchasing process, OEMs issue Requests for Quotation (“RFQs”) to automotive parts suppliers, who in turn, submit quotations, or bids to the OEMs. (Doc. No. 39 at ¶ 119; Doc. No. 46 at ¶ 75). OEMs typically award the business to the selected automotive parts supplier for four to six years based upon the bidding process, which is initiated approximately three years prior to the start of production of a new model. (Id.} Moreover, suppliers, including Defendants, provide the originally installed Fuel Senders and the replacement Fuel Senders. (Doc. No. 39 at ¶¶ 120, 125; Doc. No. 46 at ¶ 79). According to their complaints, IPPs purchased Fuel Senders indirectly from Defendants and their co-conspirators as part of purchasing or leasing a new vehicle or as a replacement when repairing a damaged vehicle. (Doc. No. 39 at ¶ 20-105; Doc. No. 46 at ¶¶ 23-63). In February of 2010, authorities in the United States, the European Union, and Japan began investigating a conspiracy involving the manufacturers of automotive parts. (Doc. No. 39 at ¶ 7; Doc. No. 46 at ¶ 6). The Department of Justice (“DOJ”) sought information about unlawful anti-competitive conduct in the markets for a number of different automotive parts. (Id.) Several of Defendants’ competitors were raided in the United States and Europe. On February 23, 2010, agents from the Federal Bureau of Investigation raided Yazaki’s subsidiary, located in Michigan. (Doc. No. 39 at ¶ 141; Doc. No. 46 at ¶ 98). Yazaki subsequently pleaded guilty to a three-part indictment charging it with cop-spiring to fix prices, rig bids, and allocate markets with respect to, among other automotive products, Fuel Senders from March 2004 to at least February 2010. (Doc. No. 39 at ¶¶ 8-9, 147-152; Doc. No. 46 at ¶¶ 7-8, 100-101). Yazaki paid a $470 million criminal fine for its conduct. In addition, six high-ranking Yazaki executives have pleaded guilty and been sentenced to serve time for conspiring to rig-bids, fix prices, and allocate markets for automotive parts. (Doc. No. 39 at ¶ 152; Doc. No. 46 at ¶ 106). Denso also pleaded guilty to a two-count indictment involving a conspiracy to fix prices, rig bids, and allocate the market for electronic control units and heater control panels. (Doc. No. 39 at ¶ 156; Doc. No. 46 at ¶ 102). Denso agreed to pay a $78 million criminal fine for its conduct. Id. In addition, two of Denso’s high ranking executives pleaded guilty to price-fixing heater control panels. (Doc. No. 46 at ¶ 107). In addition to these Defendants, IPPs allege a leniency applicant under the Antitrust Criminal Penalty Enhancement and Reform Act (“ACPERA”) is likely in this case, given the global nature of the conspiracy and its ever expanding reach into new automotive parts. One of the benefits for a conspirator that is accepted into the ACPERA leniency program is that it is not charged with a criminal offense and is not required to plead guilty. (Doc. No. 39 at ¶¶ 158-159; Doc. No. 46 at ¶¶ 104-105). The DOJ’s investigation into the industry has grown out of the investigations into the auto parts industry generally. (Doc. No. 39 at ¶¶ 7, 136-141; Doe. No. 46 at ¶¶ 93-99). The majority of parties that have admitted to engaging in bid-rigging, price-fixing, and market allocation during the same time period as Yazaki and Denso are alleged to have been involved in the Fuel Sender antitrust conspiracy, targeted multiple OEMs. (Doc. No. 39 at ¶ 157). Yazaki and Denso are also defendants in the wire harness case before this Court. In addition to pleading guilty in the Fuel Senders antitrust criminal case, Yazaki has also pleaded guilty to conspiring to fix prices, rig bids and allocate the market in the related automotive parts markets for wire harnesses and instrument panel clusters. (Doc. No. 39 at ¶ 147; Doc. No. 46 at ¶ 100). In addition to the guilty pleas and recounting of the government investigations, IPPs’ complaints include specific, illustrative examples of Defendants’ anticompeti-tive conduct. (Doc. No. 39 at ¶¶ 145-146; Doc. No. 46 at ¶¶ 118-119). In these examples, each Defendant family is alleged to have coordinated at least one RFQ. Id. The illustrative examples included in both complaints detail the mechanics of the collusive bidding, as well as which entity ultimately won the bid. Id. IPPs also provide allegations of the structural characteristics of the Fuel Sender market that render it conducive to an antitrust conspiracy. Those factors include a highly concentrated market, high barriers to entry, and inelasticity of demand for Fuel Senders. (Doc. No. 39 at ¶¶ 126-134; Doc. No. 46 at ¶¶ 83-91). Finally, OEMS cannot change Fuel Sender suppliers randomly because Fuel Senders are integrated with the electronics and mechanics of particular vehicle models. (Doc. No. 39 at ¶ 133; Doc. No. 46 at ¶ 186). EPPs allege that Defendants “dominate” the Fuel Sender market. (Doc. No. 46 at ¶ 91). Finally, IPPs claim that Defendants had ample opportunities to conspire at industry events under the guise of legitimate business. (Doc. No. 39 at ¶ 135; Doc. No. 46 at ¶ 92). IPPs allege that Defendants’ anticom-petitive ' conduct harmed businesses and impacted the prices that consumers paid for new vehicles. (Doc. No. 39 at ¶¶ 160— 164, 175-188; Doc. No. 46 at ¶¶ 130-141). They further allege that Fuel Senders follow a traceable path through the distribution chain and that overcharges for Fuel Senders were passed through that distribution chain to IPPs. Id. In their complaints, IPPs include quotes from the statements of DOJ investigators relating to the deleterious effect the conspiracy had on businesses and ultimately consumers. (Doc. No. 39 at ¶ 155, Doc. No. 46 at ¶¶ 114-117). Based on these allegations, IPPs advance federal and state law claims. In their Motion to Dismiss End-Payors’ complaint and Automobile Dealers’ complaint in their entirety, Defendants challenge the sufficiency of the complaints, standing, and whether the Indirect Purchaser Plaintiffs can bring claims under the antitrust laws, the consumer protection laws, and the unjust enrichment laws of various states. III. STANDARD OF REVIEW Federal Rule of Civil Procedure 12(b)(6) allows district courts to dismiss a complaint when it fails “to state a claim upon which relief can be granted.” When reviewing a motion to dismiss, the Court “must construe the complaint in the light most favorable to the plaintiff, accept all factual allegations as true, and determine whether the complaint contains enough facts to state a claim to relief that is plausible on its face.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). Although the federal procedural rules do not require that the facts alleged in the complaint be detailed, “ ‘a plaintiffs obligation to provide the ‘grounds’ of his ‘entitlement to relief requires more than labels and conlusions, and a formulaic recitation of a cause of action’s elements will not do.’ ” Twombly, 550 U.S. at 555, 127 S.Ct. 1955; Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (“Threadbare recitals of the elements of a cause of action, supported by mere conclu-sory statements, do not suffice.”). Under Iqbal, a civil complaint will only survive a motion to dismiss if it “eontain[s] sufficient factual matter, accepted as true, to state a claim for relief that is plausible on its face.... Exactly how implausible is ‘implausible’ remains to be seen, as such a malleable standard will have to be worked out in practice.” Courie v. Alcoa Wheel & Forged Prods., 577 F.3d 625, 629-630 (6th Cir.2009). IV. ANALYSIS Because the same arguments were raised and addressed in the Court’s prior rulings on motion to dismiss the complaints relative to other component parts, the Court relies on the analysis from those opinions to the extent that no distinction between the cases is needed. A. Sufficiency of the Antitrust Allegations Defendants distinguish this conspiracy from the wire harness conspiracy because the guilty pleas relate to a single OEM. In contrast, in the wire harness case, the guilty pleas involved certain OEMs or OEMs generally. According to Defendants, the Fuel Sender conspiracy should be confined because IPPs had the benefit of many documents obtained through the Department of Justice, yet have not advanced specific allegations to support the expansive conspiracy alleged. The Court disagrees. The investigations and guilty pleas create an inference of an expansive industry-wide component parts conspiracy. The Fuel Sender investigation grew out of a broader investigation into the auto parts industry generally, (Doc. No. 39 at ¶¶ 6, 136-147; Doc. No. 46 at ¶¶ 127-138), and many of the companies pleading guilty to bid-rigging, price-fixing, and market allocation of automotive parts during this same time frame had multiple OEMS as targets. (Doc. No. 39 at ¶ 157). Conduct beyond that specific to the Fuel Sender investigation is relevant to support the existence of the Fuel Sender conspiracy. For example, in In re Flash Memory Antitrust Litig., 643 F.Supp.2d 1133, 1149 (N.D.Cal.2009), the court addressed how an earlier conspiracy might create an inference strengthening the existence of a latter conspiracy: In United States v. Andreas, 216 F.3d 645 (7th Cir.2000), the court recognized that evidence concerning a prior conspiracy may be relevant and admissible to show the background and development of a current conspiracy. In Andreas, the court addressed a claim that there was a conspiracy to fix prices and control the output of Lysine, an amino acid. On appeal, the court rejected defendants challenge to the admissibility of evidence concerning a similar scheme involving the related market for citric acid. The court found that there was evidence that the citric acid scheme ‘provided the blueprint for and motivating force behind the nascent lysine scheme,’ and thus, was admissible to provide context as to how the lysine conspiracy operated. Id. at 665; see also [In re] High Fructose [Com Syrup Antitrust Litig.], 295 F.3d [651] at 661 [ (7th Cir.2002) ] (same). Id.; In re Static Random Access Memory (SRAM) Antitrust Litig., 580 F.Supp.2d 896, 903 (N.D.Cal.2008) (recognizing that guilty pleas in the earlier litigation did not support the existence of the second conspiracy on their own, but finding the guilty pleas did “support an inference of a conspiracy in the related industry”). IPPs’ civil litigation is not circumscribed by the admissions made in the criminal cases. Here, Yazaki is a supplier to virtually all auto manufacturers. (Doc. No. 39 at ¶ 123). Its guilty plea is limited to 2004 through 2010, but allegations in the complaint suggest that it began colluding much earlier. (Doc. No. 39 at ¶ 145). The individuals that pleaded guilty did not work with only one OEM, which suggests that the violations were not directed at only one OEM. Moreover, Denso’s main customers include fourteen OEMs. (Doc. No. 39 at ¶ 122; Doc. No. 46 at ¶ 78). Denso pleaded guilty to antitrust violations involving other automotive component parts. The Court views the events in the automotive parts litigation on a “continuum, not in a vacuum or in isolation.” Kochert v. Greater Lafayette Health Servs., Inc., 463 F.3d 710, 717 (7th Cir.2006). Consequently, allegations of involvement in related litigation and guilty pleas relative to other component parts by Denso lend support to the pleadings here. In addition to the allegations regarding Defendants that pleaded guilty, IPPs include specific examples of Defendants’ successful collusion in responding to Requests for Quotations (“RFQ”) for particular car models. (Doc. No. 39 at ¶¶ 145-146; Doc. No. 46 at ¶¶ at 118-119). Further, IPPs allege that the structure of the market is highly concentrated, with high barriers to entry. (Doc. No. 39 at ¶¶ 126-129, 134; Doc. No. 46 at ¶¶ 83-86, 90-91). For example, Yazaki owns patents for the components that make up Fuel Senders, (Doc. No. 39 at ¶ 129), and the high costs associated with manufacturing plants, equipment, energy, and the long-standing relationships between suppliers and customers all impact the ease of entry by a new supplier. IPPs also allege the demand for Fuel Senders is inelastic (Doc. No. 39 at ¶¶ 130-133; Doc. No. 46 at ¶¶ 87-89). According to IPPs, cartels profit from inelastic demand in the Fuel Sender market because no close substitutes exist and su-pracompetitive prices can be demanded. Only a small number of manufacturer supply Fuel Senders. (Doc. No. 39 at ¶ 134). Therefore, the market conditions are conducive to the initiation and continuation of an antitrust conspiracy. See e.g. In re Packaged Ice Antitrust Litig., 723 F.Supp.2d 987, 1014 (E.D.Mich.2010) (“oligarchic sellers” and “prohibitive entry barriers” conducive to collusion). The existence of high barriers to entry “facilitate the formation and maintenance of a cartel.” (Doc. No. 39 at ¶ 127). Moreover, Defendants had opportunities to conspire. (Doc. No. 39 at ¶ 135; Doc. No. 46 at ¶ 92). In looking beyond each allegation, standing alone, to the guilty pleas, the Court finds that the complaints allege an express agreement existed to fix prices and allocate customers in a market with conditions ripe for conspiratorial conduct. The factual allegations create “a reasonable expectation that discovery will reveal evidence of illegal agreement” beyond the one party that has pleaded guilty and beyond the extent admitted by that party, Yazaki. Twombly, 550 U.S. at 556, 127 S.Ct. 1955. Accord In re Polyurethane Foam Antitrust Litig., 799 F.Supp.2d 777, 782 (N.D.Ohio 2011) (relying on “specific admissions” made during a governmental investigation that supported the “existence of a conspiratorial agreement” as opposed to government investigations coupled with parallel conduct). The number of Original Equipment Manufacturers identified as targets in the guilty pleas does not act as a limit on the scope of the conspiracy, particularly before discovery. IPPs allege how Defendants were involved and provided an example of the conduct giving rise to the claims. Defendants supplied other OEMs. Accordingly, the Court denies Defendants’ request to dismiss the complaints based upon the sufficiency of the allegations and considers Defendants’ argument that constitutional standing is lacking. B. Constitutional Standing Here the parties dispute whether IPPs have satisfied the constitutional requirement; specifically, whether each plaintiff alleged a “personal injury fairly traceable to the defendant’s allegedly unlawful conduct” that is “likely to be redressed by the requested relief.” Allen v. Wright, 468 U.S. 737, 751, 104 S.Ct. 3315, 82 L.Ed.2d 556 (1984). Defendants assert that the standing requirement is not satisfied under any state law invoked by IPPs because they have not alleged facts to establish that they suffered an injury-in-fact because of the conspiracy and that IPPs lack standing to proceed in states where no plaintiff resides. The Court addresses the arguments below. 1. Injury-in-fact “Article III of the Constitution confines the federal courts to adjudicating actual ‘cases’ and ‘controversies.’ ” National Rifle Ass’n of Am. v. Magaw, 132 F.3d 272, 279 (6th Cir.1997). The “requirement limits the Court’s authority to legal issues ‘which are traditionally thought to be capable of resolution through judicial process,’ ” Club Italia Soccer & Sports Org., Inc. v. Charter Twp. of Shelby, Mich., 470 F.3d 286, 291 (6th Cir.2006) overruled on other grounds as recognized by Davis v. Prison Health Servs., 679 F.3d 433 (6th Cir.2012) (citing Owen of Georgia, Inc. v. Shelby Cnty., 648 F.2d 1084, 1089 (6th Cir.1981)), a limitation that insures “that the litigants possess ‘a personal stake in the outcome of the controversy.’ ” Id. (citing Baker v. Carr, 369 U.S. 186, 208, 82 S.Ct. 691, 7 L.Ed.2d 663 (1962)). To demonstrate Article III standing, a plaintiff must first allege that he has suffered an injury that is (a) concrete and particularized and (b) actual or imminent, rather than conjectural or hypothetical. Lujan v. Defenders of Wildlife, 504 U.S. 555, 560, 112 S.Ct. 2130, 119 L.Ed.2d 351 (1992). Second, the alleged injury must be fairly traceable to the defendant’s conduct, and not the result of the independent action of a third party. Id. Third, the plaintiff must allege that a favorable federal-court decision is likely to redress the alleged injury. Id. at 561, 112 S.Ct. 2130. Because ADPs and EPPs are indirect purchasers, their complaints must include two allegations: (1) Defendants overcharged the direct purchasers; and (2) some or all of the overcharge was passed on to .them through each of the various intermediate levels of the distribution chain. See In re Graphics Processing Units Antitrust Litig., 253 F.R.D. 478, 502 (N.D.Cal.2008) (“In re GPU”) (observing that “indirect purchasers must prove that an overcharge was levied on direct purchaser of the defendants’ products, who then passed all or some of that overcharge through to the indirect purchasers”); D.R. Ward Constr., Co. v. Rohm & Haas Co., 470 F.Supp.2d 485, 492-93 (E.D.Pa.2006) (finding that the plaintiffs’ allegations “that they paid inflated prices for products with plastics additives. due to an overcharge on plastics additives which was passed on to them from the intervening links within the distribution chain, that plaintiffs’ overpayment for products containing plastics additives was caused by the conspiracy among defendants to charge inflated prices for plastics additives, and that judicial relief will compensate plaintiffs for these injuries, restoring plaintiffs to the position they were in prior to the price-fixing scheme” satisfied standing). The allegations in the complaints satisfy IPPs’ pleading burden. EPPs have alleged that they have purchased indirectly from one or more Defendants. ADPs have alleged the brands of vehicles they sell, and each is manufactured by an OEM supplied by one or more of the Defendants. The same is true of replacement Fuel Senders. IPPs have alleged that Defendants caused them economic injury because the overcharges affected the price of vehicles containing Fuel Senders as well as stand-alone Fuel Senders purchased as replacement parts. (Doc. No. 39 at ¶¶ 161, 170, 176-77, 188, 209; Doc. No. 46 at ¶¶ 82, 131, 141, 148, 161). As the Complaints detail, there is a reasonable inference here that Defendants’ anticompetitive conduct harmed businesses and impacted the prices that consumers paid for new vehicles. (Doc. No. 39 at ¶ 175(e); Doc. No. 46 at ¶¶ 131-136). Each Complaint details how Fuel Senders follow a traceable path through the distribution chain and that overcharges for Fuel Senders were passed through that distribution chain from OEMs to Auto Dealers and End-Payors. (Doc. No. 39 at ¶ 179; Doc. No. 46 at ¶ 133). Moreover, statements from Department of Justice investigators and statements made during guilty pleas mention the deleterious effect the conspiracy had on businesses and ultimately on consumers. (Doc. No. 39 at ¶ 117; Doc. No. 46 at ¶ 155). Defendants allege that the commercial realities of the automobile industry undermine IPPs’ elongated distribution chain allegations. Defendants point to the time lapse between the Request for Quotation to suppliers and the production of a new vehicle model, the number of other parts in a vehicle, the variety of ways OEMs price cars, the cost of a Fuel Sender relative to the final price of a vehicle containing thousands of component parts. According to Defendants, the omission of any allegations addressing the realties of the industry renders IPPs’ allegations that they were impacted purely speculative. The Court finds that these shortcomings address difficulties of proof, not pleading deficiencies. See In re Static Random Access Memory (SRAM) Antitrust Litig., 264 F.R.D. 603, 614-15 (N.D.Cal.2009) (observing that the defendants “may not shield themselves from liability by fixing prices on a relatively inexpensive item”) (citing Free v. Abbott Labs., 982 F.Supp. 1211, 1217 (M.D.La.1997) (noting that “a price-fixing scheme at the top of the distribution chain” would be actionable even if it only “increased the retail price of the product by a few cents per unit”)). At this stage of the proceedings, Plaintiffs are not required to allege how they intend to establish their damages theory. As the court noted in Hyland v. Homeservices of Am., Inc., “an evidentiary showing is not necessary for Article III standing.” 3:05-cv-612-R, 2008 WL 4000546 at *2 (W.D.Ky. Aug. 25, 2008). Defendants also challenge the allegations regarding purchases of replacement parts, particularly the absence of any allegations as to how the replacement part market is structured, how many layers make up the distribution chain, how intermediaries function in the chain, and whether overcharges actually were passed on through each level of the chain. Nor do IPPs allege how OEMS determine replacement part prices. Defendants conclude that IPPs’ “umbrella effects” theory of recovery is insufficient to withstand their motion. As explained by the court in In re Coordinated Pretrial Proceedings in Petroleum Products Antitrust Litig., 691 F.2d 1335, 1339 (9th Cir.1982) (rejecting the plaintiffs’ argument that the “defendants’ successful price-fixing conspiracy created a ‘price umbrella’ under which non-conspiring competitors of the defendants raised their gasoline prices to an artificial level at or near the fixed price”), The umbrella theory is essentially a consequential damages theory. It seeks to hold price-fixers liable for harm allegedly flowing from the illegal conduct even though the price-fixing defendants received none of the illegal gains and were uninvolved in their competitors’ pricing decisions. Since the decision in Illinois Brick, at least one district court has allowed plaintiffs to proceed under an umbrella theory. In re Bristol Bay, Alaska, Salmon Fishery Antitrust Litigation, 530 F.Supp. 36 (W.D.Wash.1981). The Third Circuit, however, has expressly rejected its use. Mid-West Paper Products Co. v. Continental Group, Inc., 596 F.2d 573 (3d Cir.1979). In contrast to the situation before the Ninth Circuit Court of Appeals, here, IPPs do not seek recovery from products sold by nonparticipants to the conspiracy merely because they sold in the same market. Instead, IPPs allege that the same manufacturer producing the Fuel Senders installed in each particular vehicle makes the replacement Fuel Senders for that particular vehicle. (Doc. No. 39 at ¶¶ 120, 125; Doc. No. 46 at ¶ 79). According to IPPs, this means that the winning bidder supplies OEMs with the replacement Fuel Senders as well as the Fuel Senders that are placed in the vehicles originally. Under these circumstances, a logical inference arises that the conspiracy relative to Fuel Senders for original installation sets the floor prices for Fuel Senders made as replacements. The IPPs suggest that if Defendants charged a lower price for a replacement Fuel Sender, the decrease in price would serve to highlight the conspiracy because replacement parts would likely be produced at a lower volume, and therefore, expected to be more expensive. Moreover, the guilty pleas do not preclude antitrust conduct relative to replacement parts. Next, Defendants assert that the injury to IPPs is too speculative. To the extent that courts have rejected the “umbrella theory” as a basis for antitrust liability, they relied on the speculative nature of the impact of products sold by nonparticipants to a conspiracy. See In re Coordinated Pretrial Proceedings in Petroleum Prods., Antitrust Litig., 691 F.2d at 1341 (“Under an umbrella theory, the result of any attempt to ascertain with reasonable probability whether the non-conspirators’ prices resulted from the defendants’ purported price-fixing conspiracy or from numerous other pricing considerations would be speculative to some degree.”); Antoine L. Garabet, M.D., Inc. v. Autonomous Technologies Corp., 116 F.Supp.2d 1159, 1167 (C.D.Cal.2000) (explaining that “umbrella standing” too speculative where the plaintiffs sought damages from the defendant for losses suffered by plaintiffs because they paid higher prices to a non-conspirator, non-defendant, that had “benefited from a tighter marketplace” as a result of the antitrust violation). In contrast to IPPs’ complaints here, in In re Ductile Iron Pipe Fittings (DIPF) Indirect Purchaser Antitrust Litig., No. 12-169, 2013 WL 1145540 at *5 (D.N.J. Mar. 18, 2013), the plaintiffs never alleged that they purchased the price-fixed product from a defendant involved in each conspiracy during the class period. Here, however, the replacement parts are sold by the very Defendants that produced Fuel Senders for installation, one of which has pleaded guilty to fixing the prices of Fuel Senders. Accordingly, the Court" finds these cases lack support for dismissal at the pleading stage. In re Flash Memory Antitrust Litig., 643 F.Supp.2d 1133, 1154 (N.D.Cal.2009). In sum, the Court finds IPPs have met their pleading burden. See In re Processed Egg Prod. Antitrust Litig., 851 F.Supp.2d 867, 887 n. 15 (E.D.Pa.2012) (addressing the indirect purchaser plaintiffs’ allegation that they paid supracom-petitive prices for shell eggs and egg products); Fond du Lac Bumper Exch., Inc. v. Jui Li Enter. Co., 09-CV-00852 2012 WL 3841397 at *4 (E.D.Wis. Sept. 5, 2012) (indirect purchasers alleging they are participants in the AM parts market, because they are “end users of AM parts, and that they are being injured because the higher prices defendants charge for AM parts are being passed on to end users by direct purchasers and others in the chain of dis: tribution paid inflated prices” satisfied Article III standing requirements). 2. Residency The parties disagree as to whether Indirect Purchaser Plaintiffs have standing to pursue claims in states where they do not reside. According to Defendants, no Automobile Dealer Plaintiff resides in or, consequently, suffered an injury in Hawaii or North Dakota; no End-Payor Plaintiff resides in or suffered injury in the District of Columbia. Defendants rely on case law from this district to support their position that IPPs may not proceed in any state without a resident plaintiff. See In re Refrigerant Compressors Antitrust Litigation, No. 09-md-02042, 2012 WL 2917365 (E.D.Mich. July 17, 2012) (holding that the antitrust class action plaintiffs had no standing to sue in states where no would-be representative of the plaintiff class lived or allegedly was injured) (citing In re Packaged Ice Antitrust Litig., 779 F.Supp.2d 642, 657 (E.D.Mich.2011)). In response to the argument, IPPs assert that the standing arguments are moot because an automobile dealer plaintiff resides in Hawaii. Further, they contend their pleadings are sufficient because they alleged that prices were fixed ... at artificially high levels “throughout the state and Defendants’ conduct substantially affected [state] commerce.” (Doc. No. 39 at ¶¶ 226, 241; Doc. No. 46 at ¶¶ 175, 188). At the pleading stage, the Court is satisfied that IPPs claims meet the pleadings standards. See In re Processed Egg Products, 851 F.Supp.2d at 889-891. Further, as this Court recognized in the wire harness case, although standing generally is determined at the outset of a case, see Cent. States Se. & Sw. Areas Health & Welfare Fund v. Merck-Medco Managed Care, LLC, 433 F.3d 181, 197-98 (2d Cir.2005), exceptions exist. See Ortiz v. Fibreboard Corp., 527 U.S. 815, 831, 119 S.Ct. 2295, 144 L.Ed.2d 715 (1999); Amchem Prod., Inc. v. Windsor, 521 U.S. 591, 612, 117 S.Ct. 2231, 138 L.Ed.2d 689 (1997) (postponing the standing determination until after a class certification ruling because the certification issues are “logically antecedent to Article III concerns”). The Sixth Circuit has not decided the impact, if any, Ortiz and Amchem create in the context of an indirect purchaser antitrust class action; however, it has applied the same rationale to an ERISA class action law suit. See Fallick v. Nationwide Mut. Ins. Co., 162 F.3d 410 (6th Cir.1998). This Court adopted the rationale in the wire harness case and deferred a decision on standing until the class certification stage of the proceedings. Accord In re Polyurethane Foam Antitrust Litig., 799 F.Supp.2d 777, 806 (N.D.Ohio 2011) (because “the supposed standing deficiencies ... arise because the [indirect [p]urchaser [plaintiffs invoke state antitrust and consumer protection statutes for each state from which putative class members are drawn,” the first step is to “determine whether the [indirect [purchaser [plaintiffs may, as class representatives, advance their state-law claims at class certification”). Defendants ask the Court to reach a different conclusion, but the Court declines to do so. Indirect Purchaser Plaintiffs allege injury based on price-fixing, bid-rigging, and customer allocation and seek relief for absent class members under the antitrust and consumer protection statutes of other states as well as common law for unjust enrichment. The Court recognizes this approach permits the IPPs to engage in discovery in the absence of absolute certainty that any individual suffered an injury under those laws. Nevertheless, the nature of the claims advanced here, when considered in light of the guilty pleas and the far reaching investigation that continues into the automotive parts industry, minimize the need for absolute certainty. Consequently, the Court will address the standing issues in the context of class certification, and denies Defendants’ request to dismiss ADPs’ claim brought under the laws of Hawaii and North Dakota, and EPPs’ claim under the District of Columbia. In sum, the Court finds that IPPs have standing to proceed with their state law claims. Accordingly, the Court considers Defendants’ challenge to the viability of the state law claims on other grounds. C. Availability of Relief For Antitrust Claims under State Law . Automobile Dealer Plaintiffs advance antitrust claims under the laws of Arizona, California, Hawaii, Illinois, Iowa, Kansas, Maine, Michigan, Minnesota, Mississippi, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Oregon, South Dakota, Tennessee, Utah, Vermont, West Virginia, Wisconsin, and the District of Columbia. End-Payor Plaintiffs do not bring antitrust claims under Hawaii or Illinois, but advance claims under the other identified states. Defendants raise several grounds for dismissal, including, standing for component parts purchasers, statutes of limitation, the sufficiency of the nexus between conduct and interstate commerce, and the availability of class action. Each is addressed below. 1. Antitrust Standing for Component Parts Purchasers In response to the prohibition against antitrust actions by indirect purchasers set forth by the Supreme Court in Illinois Brick Co. v. Illinois, 431 U.S. 720, 97 S.Ct. 2061, 52 L.Ed.2d 707 (1977), many states enacted repealer provisions, allowing state actions for indirect purchasers. In California v. ARC Am. Corp., 490 U.S. 93, 105-06, 109 S.Ct. 1661, 104 L.Ed.2d 86 (1989), the Supreme Court held that federal law does not preempt state indirect purchaser statutes. Nevertheless, courts are required to determine whether a particular plaintiff is a proper party to bring a private antitrust action. NicSand, Inc. v. 3M Co., 507 F.3d 442, 450 (6th Cir.2007) (observing that antitrust claimant must show more than mere “injury causally linked” to a competitive practice). In its decision in Associated Gen. Contractors of Cal., Inc. v. Cal. State Council of Carpenters, 459 U.S. 519, 535, 103 S.Ct. 897, 74 L.Ed.2d 723 (1983) (“AGC”), the Supreme Court interpreted the Clayton Act provision permitting recovery by “any person who shall be injured in his business or property by reason of anything forbidden in the antitrust laws.” The Court concluded that even when a plaintiff plausibly alleges an injury-in-fact sufficient for constitutional standing, the plaintiff still must establish antitrust standing. “It is reasonable to assume that Congress did not intend to allow every person tangentially affected by an antitrust violation to maintain an action to recover threefold damages for the injury to his business or property.” Id. (quoting Blue Shield of Virginia v. McCready, 457 U.S. 465, 477, 102 S.Ct. 2540, 73 L.Ed.2d 149 (1982)). In AGC, the Supreme Court articulated a number of factors that courts should consider in analyzing the relationship between a plaintiffs harm and a defendant’s wrongdoing: (1) the causal connection between the violation and the harm, and whether the harm was intended; (2) the nature of injury and whether it was one Congress sought to redress; (3) the directness of the injury, and whether damages are speculative; (4) the risk of duplicate recovery or complexity of apportioning damage; and (5) the existence of more direct victims. AGC, 459 U.S. at 537-45, 103 S.Ct. 897. A plaintiff need not prevail on every factor; instead, the courts balance the factors, “giving great weight to the nature of the plaintiffs alleged injury.” Id. This Court concluded in the wire harness cases that the issue of applicability of AGC is one that is governed by state law because this Court is sitting in diversity. Erie R.R. v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188 (1938). Accordingly, the substantive law of the state’s highest court governs. Id. Where a clear rule of law cannot be gleaned from the state’s highest court, the duty of this court is to “ascertain from all available data what the state law is and apply it.” Bailey v. V. & O Press Co., 770 F.2d 601, 604 (6th Cir.1985). Defendants contend that the antitrust laws of twenty-five jurisdictions invoked by IPPs either apply the AGC factors, look to federal law to interpret their state statutes, or apply a similar remoteness analysis to state antitrust clams. The Court agrees. Because there is no material distinction between the allegations made in the wire harness case and those allegations made relative to Fuel Senders, the Court finds no reason to alter the conclusion it reached in resolving this issue in the wire harness case. Consequently, even if AGC applies, the pleadings here are sufficient. The AGC factors do not undermine standing, regardless of whether those factors are mandatory or permissive. Notably, the Court finds the first factor, whether IPPs suffered an antitrust injury, satisfied' because even though IPPs may not be direct participants in the Fuel Sender market, they purchased vehicles containing Fuels Senders or as replacement parts. See In re TFT-LCD (Flat Panel) Antitrust Litig., 586 F.Supp.2d 1109, 1121 (N.D.Ca.2008) (“In re Flat Panel") (citing D.R. Ward Constr. Co. v. Rohm & Haas Co., 470 F.Supp.2d 485, 491 (E.D.Pa.2006) (finding standing where “plaintiffs allege that they paid an inflated price for plastics additives due to [the] defendants’ price-fixing agreement, thereby implying that the direct harm of the price-fixing conspiracy was passed through the stream of commerce to them, purchasers of products containing plastics additives”)). Here, as was the case in In re (Flat Panel), IPPs have advanced allegations that the markets are inextricably linked and intertwined. 586 F.Supp.2d at 1123. Specifically, IPPs have alleged that the markets for Fuel Senders and cars are inextricably intertwined, that the demand for cars creates the demand for Fuel Senders, that the Fuel Senders must be inserted into vehicles to serve a function, that Fuel Senders remain identifiable, discrete physical products, unchanged by the manufacturing process or incorporation into vehicles, that Fuel Senders follow a traceable physical chain, and that their prices can be traced through the chain of distribution. (See Doc. No. 39 at ¶¶ 176-188; Doc. No. 46 at ¶¶ 131-141). These allegations meet IPPs’ pleading burden to show the harm in the market results from Defendants’ antitrust violations. The Court’s conclusion is not altered by IPPs’ status relative to market participation. Standing under antitrust law can be established even where the market participant test is blurry. D.R. Ward Constr. Co., 470 F.Supp.2d at 502-502; In re Flat Panel, 586 F.Supp.2d at 1123. Likewise, the directness of the injury factor is satisfied here, and the Court rejects Defendants’ assertion that the distribution chain is so complex and the factors affecting prices paid by IPPs too numerous to satisfy the pleading requirements. Because IPPs asserted that the cost of the component was traceable through the product distribution chain, they have alleged a chain of causation (See e.g. Doc. No. 39 at ¶¶ 153, 179-188; Doc. No. 46 at ¶¶ 133-146). Therefore, ■ according to IPPs, they can trace overcharges through the distribution chain, and this AGC factor is satisfied. In re Flash Memory Antitrust Litig., 643 F.Supp.2d 1133, 1155 (N.D.Cal.2009). Similarly, the harm alleged becomes less speculative in light of IPPs’ assertion that the component parts remain separate and traceable. In re Flash Memory Antitrust Litig., 643 F.Supp.2d at 1155 (citation omitted); In re Graphics Processing Units Antitrust Litig., 540 F.Supp.2d 1085, 1098 (N.D.Calif. Nov. 7, 2007) (“In re GPU II”). Lastly, the Court finds that the existence of Original Equipment Manufacturers that purchased Fuel Senders directly from Defendants does not render the IPPs’ claims ripe for duplicative recovery. Here, IPPs have indicated that the alleged overcharges are distinct and traceable. Other courts have recognized that such allegations lessen the risk of duplicative recovery. See In re Flash Memory, 643 F.Supp.2d at 1156 (citing In re Flat Panel, 586 F.Supp.2d at 1124; In re GPU II, 540 F.Supp.2d at 1098). Although OEMs purchased directly from Defendants, they have not brought Fuel Sender antitrust claims. Here, IPPs have alleged that businesses and consumers were harmed. (Doc. No. 39 at ¶ 173; Doc. No. 46 at ¶¶ 114, 117). Moreover, in this case, IPPs bring claims against Defendants that have pleaded guilty to antitrust conduct. Finally, the Court is cognizant that states that repealed Illinois Brick did so in order to allow indirect purchasers to bring claims. In sum, the Court is satisfied that the AGC factors do not undermine standing and considers whether the statutes of limitations of various states bar the claims brought under the laws of those states. 2. State statutes of limitations The limitations period applicable to each state antitrust, consumer protection, and unjust enrichment claim governs the timeliness of IPPs’ causes of action. Defendants ask the Court to find antitrust claims brought under the laws of Hawaii, Nebraska, New Hampshire, and Utah are barred because the conduct at issue occurred before the Illinois Brick repealer statutes were enacted. Specifically, Hawaii and Nebraska enacted their indirect purchaser statutes in 2002; Utah enacted its statute in 2006; and New Hampshire enacted its indirect purchaser statute in 2008. According to Defendants, the statutes either expressly apply prospectively, or the state courts have refused to apply the statutes retroactively. The Court considers the arguments below, but is mindful that it held in the wire harness cases that although a date of enactment may limit damages, it does not preclude any claim alleged here in its entirety. a. Hawaii In 2002, the Hawaii legislature amended the state’s unfair competition law, H.R.S. § 480-2, to provide that “[a]ny person may bring an action based on unfair methods of competition....” Based on this amendment, Defendants argue that ADPs’ antitrust claims under the law of Hawaii must be dismissed. The Court rejected the argument that the passage of the 2002 amendment “implfies] that state law had imposed an Illinois Brick limitation on lawsuits alleging price-fixing,” and finds no reason to alter its holding. See In re Static Random Access Memory (SRAM) Antitrust Litig., 07-MD-01819 CW, 2010 WL 5094289 at *5 (N.D.Cal. Dec. 8, 2010) (rejecting time limitation). Accordingly, the Court declines to limit the price-fixing claim based on the 2002 amendment. b. Nebraska Before the state legislature amended the Junkin Act, it allowed “[a]ny person who shall be injured in his business or property” by an antitrust violation to bring a suit for damages. Neb.Rev.Stat. § 59-821 (2000). The July 20, 2002, amendment specified that an injured person could bring suit regardless of “whether such injured person dealt directly or indirectly with the defendant.” In re Flat Panel Antitrust Litig., 2011 WL at 3738985 (N.D.Cal. Aug. 2011) (citing 2002 Neb. Laws L.B. 1278; Neb.Rev.Stat. § 59-821 (2011)). The court in In re Flat Panel rejected the defendants’ argument that the amendment did not apply retroactively in the absence of expressed intention by the legislature even as it conceded that the state courts generally did not give amendments retroactive effect. The federal court relied on the decision by the state supreme court in Arthur v. Microsoft Corp., 267 Neb. 586, 676 N.W.2d 29 (2004), finding that the decision showed that the highest court would allow an indirect purchaser standing to sue for antitrust violations even before the 2002 amendment. Therefore, the Court finds no time limitation applies, c.New Hampshire New Hampshire enacted its indirect purchaser statute effective January 1, 2008. See N.H.Rev.Stat. Ann. § 356:11. Because the statute was intended to operate prospectively, IPPs cannot seek recovery under the New Hampshire statute for any conduct that occurred prior to January 1, 2008. d.Utah In 2006, the Utah legislature amended that state’s antitrust laws to provide that actions “may be brought under this section regardless of whether the plaintiff dealt directly or indirectly with the defendant.” Utah Code Ann. § 76-10-918. This statute took effect on May 1, 2006. See Utah Const. Art. VI § 25 (unless otherwise ordered, an act of the legislature takes effect “sixty days after the adjournment of the session at which it passed”). Defendants argue that IPPs cannot seek recovery for conduct that occurred prior to the respective effective dates. The Court finds that Illinois Brick was applied prior to the 2006 amendment. See e.g., Boisjoly v. Morton Thiokol, Inc., 706 F.Supp. 795, 805 (D.Utah 1988). Accordingly, IPPs’ antitrust claim is limited to price-fixing that occurred after the 2006 amendment. 3. Sufficiency of the Nexus Between Conduct and Intrastate Commerce The parties are in agreement that the antitrust statutes of certain jurisdictions require a plaintiff to allege a nexus between a defendant’s conduct and intrastate commerce; boilerplate allegations are insufficient. The parties disagree as to whether the allegations in the complaints satisfy the pleading requirements. Those jurisdictions at issue include the District of Columbia, Mississippi, Nevada, New York, North Carolina, and West Virginia. In general, Defendants challenge the nexus based upon EPPs’ failure to allege either that they were residents of the identified states and District of Columbia or that they purchased Fuel Senders in those states where they resided. Even if EPPs failed to allege that their purchases occurred in the jurisdictions in which they resided, the Court infers that to be the case. Although the Court recognizes that end-payor plaintiffs may no longer live in the states where they purchased their vehicles or replacement Fuel Senders or perhaps never resided in the state where they made their purchase, EPPs’ complaint, read in the light most favorable to their claims, warrants the inference. Finally, EPPs allege that they were injured by Defendants’ conspiratorial conduct because they were forced to pay inflated prices. ADPs include businesses in each of the identified jurisdictions. They too allege that they indirectly purchased and received Fuel Senders and vehicles containing Fuel Senders. They allege they paid inflated prices. The Court considers whether these allegations satisfy the requirement in the challenged states and the District of Columbia. a.District of Columbia EPPs allege that Defendants entered into an unlawful agreement in restraint of trade in the District of Columbia. They allege that the conspiracy restrained, suppressed, and eliminated price competition relative to Fuel Senders because the prices were fixed, thereby depriving “Plaintiffs and members of the Damages Class” of free and open competition. (Doc. No. 39 at ¶ 226(a)-(d)). They also allege the illegal conduct “substantially affected” commerce in the District. Id. IPPs have presented authority to establish that their allegation that commerce was impacted in D.C. is sufficient to state a claim. Sun Dun, Inc. of Washington v. Coca-Cola Co., 740 F.Supp. 381, 397 (D.Md.1990) (allowing discovery to ascertain whether an interstate link could be established even though none of the defendants, nor the plaintiff were residents or citizens of the District of Columbia). The Court is not persuaded to -the contrary by the subsequent dismissal of the claim on summary judgment. See Sun Dun, Inc. of Washington v. Coca-Cola Co., 770 F.Supp. 285-289 (D.Md.1991). At this stage of the proceedings, the Court is required to draw all inferences in favor of IPPs, and they have alleged substantial impact within the District. Accord In re Digital Music Antitrust Litig., 812 F.Supp.2d 390, 407 (S.D.N.Y.2011). Accordingly, the request for ' dismissal on this ground is denied. b.Mississippi Defendants challenge both the EPPs’ allegations and the ADPs’ allegations relative to Mississippi’s antitrust law. EPPs allege that three Mississippi residents purchased Fuel Senders indirectly from one or more Defendants. (Doc. No. 46 at ¶¶ 39-41). Four businesses in Mississippi allege that they purchased and received Fuel Senders and vehicles containing Fuel Senders at inflated prices, in Mississippi, and displayed, sold, serviced, and advertised their vehicles in Mississippi during the Class Period. (Doc. No. 39 at ¶¶ 22-23, 86-87, 96-99). IPPs allege that the prices of Fuel Senders “were raised, fixed, maintained, and stabilized at artificially high levels through Mississippi,” and, that the competition for prices of Fuel Senders was “restrained, suppressed, and eliminated throughout Mississippi.” (Doc. No. 39 at ¶ 252, Doc. No. 36 at ¶ 209). Indirect Purchaser Plaintiffs alleged they paid “supracompetitive, artificially inflated prices” for Fuel Senders in Mississippi. (Id.). The Court finds IPPs have met the nexus pleading requirements. See In re GPU II, 540 F.Supp.2d at 1099 (holding that allegations that the defendants’ conspiracy affected commerce within Mississippi satisfied requirement that the majority of an antitrust conspiracy occur within the state) (citing Standard Oil Co. of Kentucky v. State, 107 Miss. 377, 65 So. 468, 471 (1914) (the defendants sold and distributed products in Mississippi), overruled in part on other grounds sub nom. Mladinich v. Kohn, 250 Miss. 138, 164 So.2d 785 (1964)). Accordingly, the request for dismissal of this claim is denied. c.Nevada Here, EPPs include a Nevada resident that has purchased a Fuel Sender 31 indirectly from one or more of the Defendants. (Doc. No. 46 at ¶46). Likewise, one of the ADPs is a business in Nevada that is alleged to have indirectly purchased and received Fuel Senders and vehicles containing Fuel Senders in Nevada, and advertised, sold and serviced vehicles in Nevada during the Class Period. (Doc. No. 39 at ¶¶ 63). IPPs also advance allegations regarding the pricing of Fuel Senders based on the conspiracy; specifically, that prices were artificially high and price competition was restrained. (Doc. No. 39 at ¶ 236). The allegations meet the pleading requirements relative to Nev.Rev.Stat. Ann. § 598A.060(1), which prohibits conduct that is part of a conspiracy in restraint of trade in Nevada. See In re Flat Panel, 599 F.Supp.2d at 1189 (finding similar allegations sufficient to state a claim under the Nevada statute). d. New York EPPs allege that Defendants raised and maintained Fuel Sender prices throughout New York, depriving EPPs of free and open competition, and causing EPPs to pay artificially inflated prices. (Doc. No. 46 at ¶ 186(a) — (d), 209(a)-(j)). The allegations advanced by EPPs differ from those found lacking and insufficient under New York law. Specifically, in H-Quotient, Inc. v. Knight Trading Grp., Inc., 03 CIV. 5889(DAB), 2005 WL 323750 (S.D.N.Y. Feb. 9, 2005), the plaintiff included no allegations of intrastate conduct or that New York’s local interests were affected by the challenged conduct. That is not the case here because EPPs have alleged that they paid artificially high prices in New York. Accordingly, the Court finds EPPs’ pleading sufficiently states an intrastate commercial impact as well as.nationwide effects. (Doc. No. 46 at ¶¶ 18,19,173-195). e. North Carolina Pursuant to the North Carolina Unfair and Deceptive Trade Practices Act (“NCUDTPA”), N.C. Gen. Stat. § 75-1 et seq., “[u]nfair methods of competition in or affecting commerce, and unfair or deceptive acts or practices in or affecting commerce, are declared unlawful.” To state their claim, IPPs allege that price competition was suppressed throughout North Carolina; that the prices were fixed, maintained and stabilized at artificially high levels throughout North Carolina, and consumers were “deprived of free and open competition” and “paid supracompetitive, artificially inflated prices” for Fuel Senders. (Doe. No. 39 at ¶ 240; Doc. No. 46 at ¶ 187). ADPs allege that the Fuel Senders or vehicles containing Fuel Senders they purchased in North Carolina were manufactured by Defendants or their co-conspirators. (Doc. No. 39 at ¶¶ 58, 59, 240). IPPs also allege that Defendants’ conduct affected North Carolina commerce. (Doc. No. 39 at ¶ 240; Doc. No. 46 at ¶ 187). Defendants assert that the allegations here are similar to those advanced in In re Refrigerant Compressors Antitrust Litig., 2:09-MD-02042, 2013 WL 1431756 (E.D.Mich. Apr. 9, 2013). The plaintiffs in that case alleged that, as a result of a conspiracy, manufacturers paid inflated prices for compressors and the end purchasers likewise paid inflated prices for products containing the compressors. Id. at *19. The court concluded that the allegations stated “an incidental in-state injury,” not a substantial in-state injury as required by the North Carolina statute. Id. This Court is not persuaded that an incidental versus a substantial in-state injury, which is a fact-based inquiry, can be assessed at this stage of the proceedings. Accordingly, the Court denies Defendants’ request for dismissal of this claim. These allegations satisfy IPPs’ pleading burden. Accord In re Flonase Antitrust Litig., 692 F.Supp.2d 524, 540-41 (E.D.Pa.2010) (considering whether allegations that large amounts of product sold in North Carolina at artificially inflated prices satisfied the substantial in-state effect required by the statute). f. West Virginia Lastly, West Virginia antitrust law “is directed towards intrastate commerce.” State ex rel. Palumbo v. Graley’s Body Shop, Inc., 188 W.Va. 501, 425 S.E.2d 177, 183 n. 11 (1992). EPPs allege an impact on intrastate commerce in that the prices of Fuel Senders in West Virginia were fixed “at artificially high levels” and that EPP