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ARTICLE · 16 NOVEMBER 2009

B.C. Court Overturns Lower Court And Certifies DRAM Class Proceeding

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The B.C. Court of Appeal released its much-anticipated decision in the DRAM class proceeding today.

CanadaAntitrust/Competition Law
Robert Kwinter
Robert Kwinter
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Copyright 2009, Blake, Cassels & Graydon LLP

Originally published in Blakes Bulletin on Competition, Antitrust & Foreign Investment / Class Actions, November 2009

The B.C. Court of Appeal released its much-anticipated decision in the DRAM class proceeding today. This is an alleged price-fixing case involving computer memory chips. The court allowed the plaintiff's appeal from the lower court which had denied class certification. The court has ordered certification in respect of both direct and indirect purchasers.

Key points from the court's decision:

  • establishes a relatively low threshold for showing a methodology for establishing harm on a class-wide basis at the certification stage, even in complex indirect purchaser cases

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