SCC Competition Law Class Action Decisions

On October 17, 2012, the Supreme Court of Canada heard argument in three appeals relating to the certification (in Quebec, the authorization) of class actions: Pro-Sys Consultants Ltd. v. Microsoft Corporation, Infineon Technologies AG v. Option Consommateurs, and Sun-Rype Products Ltd. v. Archer Daniels Midland Company. More than a year later, on October 31, 2013, the Court released its eagerly awaited decisions. While the appeals touched on multiple issues, the core questions were whether indirect purchasers (i.e. those parties, such as retailers and consumers, who purchase the product in question subsequent to the initial purchase from the alleged violator) can be claimants in class actions, and the standard of proof to be applied at certification hearings, particularly with respect to the commonality of issues and preferable procedure requirements.