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ARTICLE · 07 NOVEMBER 2013

Canada's Supreme Court Opens The Door To Indirect Purchaser Class Actions

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On October 31, 2013, the Supreme Court of Canada released three decisions which many commentators had predicted would be the most critical antitrust class action decisions in recent memory.

CanadaAntitrust/Competition Law
Emrys Davis
Emrys Davis
Michael Eizenga
Michael Eizenga
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On October 31, 2013, the Supreme Court of Canada released three decisions which many commentators had predicted would be the most critical antitrust class action decisions in recent memory. The Supreme Court did not disappoint. In summary, the decisions permit indirect purchasers to claim for antitrust damage. But the Court held that indirect purchasers must be able to "self-identify" as members of the proposed class. If they cannot, because for example, none know whether they in fact purchased products containing the allegedly overpriced component, then the court cannot certify the indirect purchaser class.

Background

The Supreme Court's decisions in Pro-Sys Consultants Ltd. et al. v Microsoft Corporation et al., 2013 SCC 57, Sun-Rype Products Ltd. et al. v Archer Daniels Midland Company et al., 2013 SCC 58, and Infineon Technologies AG et autres c. Option Consommateurs et autres, 2013 SCC 59, arose from three appeals; Pro-Sys and Sun-Rype from decisions of the

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