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ARTICLE · 17 DECEMBER 2018

Key Competition Class Action Issues To Be Heard By Supreme Court Of Canada Today

Norton Rose Fulbright Canada LLP
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On December 11 the Supreme Court of Canada (SCC) will hear the appeal in Godfrey v Sony Corporation1, a case concerning long-debated competition law issues.

CanadaAntitrust/Competition Law
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On December 11 the Supreme Court of Canada (SCC) will hear the appeal in Godfrey v Sony Corporation1, a case concerning long-debated competition law issues. Most significantly, the court is expected to rule on the status of umbrella purchaser claims, a question that has until very recently split the courts in British Columbia and Ontario. The SCC will also hear argument on whether the Competition Act forms a complete code for price-fixing conspiracy claims, potentially displacing the common law conspiracy causes of action in these cases.

Background to Godfrey

Neil Godfrey initiated a putative class action in British Columbia, alleging the defendants participated in a global price-fixing cartel that overcharged British Columbians for optical disc drives and related products. The proposed class included those who directly or indirectly purchased the defendants' products, as well as those who purchased products not from the allegedly conspiring defendants, but from

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