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ARTICLE · 14 JANUARY 2014

Competition Law And Foreign Investment Review In Canada - Top 10 Issues For 2014

In our annual forecast of the year ahead for Canadian competition and foreign investment review law, we evaluate how developments in 2013 will influence these areas of the law in 2014.

CanadaAntitrust/Competition Law

In our annual forecast of the year ahead for Canadian competition and foreign investment review law, we evaluate how developments in 2013 will influence these areas of the law in 2014. Below we set out the Top 10 key issues and trends to watch for this year.

1. A Green Light for Class Actions by Indirect Purchasers

The Supreme Court of Canada issued an important trilogy of decisions in October 2013 on competition class actions. Resolving a dispute between certain provincial courts of appeal, the Court held that indirect purchasers are entitled to assert claims for damages and restitution in class actions relying upon alleged competition law offences. (Indirect purchasers are entities that are one or more steps removed from defendant manufacturers and suppliers in the chain of distribution, such as retailers and consumers.) The Court also set a relatively low bar for certification of competition class actions.

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