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ARTICLE · 05 MAY 2011

Canadian Appellate Court Dismisses Indirect-Purchaser Class Actions

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The action against Microsoft, which had been certified as a class proceeding, alleged that Microsoft had engaged in various kinds of anticompetitive behaviour that purportedly allowed it to overcharge for its products.

CanadaAntitrust/Competition Law
James Sullivan
James Sullivan
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Copyright 2011, Blake, Cassels & Graydon LLP

Originally published in Blakes Bulletin on Class Actions, April 2011

On April 15, 2011, the British Columbia Court of Appeal released its reasons for judgment in two important class actions brought in British Columbia: Pro-Sys Consultants Ltd. v. Microsoft Corporation and Sun-Rype Products Ltd. v. Archer Daniels Midland Company.

The action against Microsoft, which had been certified as a class proceeding, alleged that Microsoft had engaged in various kinds of anticompetitive behaviour that purportedly allowed it to overcharge for its products. The class members were all indirect purchasers who had purchased computers or software licences from various stores, distributors, or manufacturers who had installed Microsoft operating systems and application software into those computers.

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