Once a novelty in Canada, antitrust class actions have evolved
in recent years to become a permanent feature of the Canadian
antitrust enforcement landscape. In virtually every
international cartel case that has been
brought in recent years, plaintiffs have launched class proceedings
on behalf of direct and indirect purchasers in Canada, often in
close coordination with class plaintiffs that have launched similar
proceedings in the United States.
Indeed, in a number of recent instances, domestic investigations
and domestic class actions in Canada have resulted in the filing of
similar proceedings in the United States (such as the recent
Canadian and U.S. class actions relating to chocolate and
polyurethane foam). In October 2013, the Supreme Court of Canada
issued a trilogy of rulings that upheld the right of class
plaintiffs to pursue indirect purchaser claims under the
Competition Act and that provided critical guidance
relating to the evidentiary standard for
