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ARTICLE · 03 NOVEMBER 2013

Supreme Court Releases the Indirect Purchaser Trilogy

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In an important trilogy released October 31, 2013, the Supreme Court of Canada recognized the right of indirect purchasers to assert competition claims while confirming its rejection of the "passing on" defence in this context.

CanadaAntitrust/Competition Law
Sarah Corman
Sarah Corman
Shaun Finn
Shaun Finn
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In an important trilogy released October 31, 2013, the Supreme Court of Canada recognized the right of indirect purchasers to assert competition claims while confirming its rejection of the "passing on" defence in this context.

The Supreme Court released decisions on three appeals from consumer class action certification decisions that were heard together over a year ago: Pro-Sys Consultants Ltd. v. Microsoft Corporation, 2013 SCC 57 (Pro-Sys), Sun-Rype Products Limited v. Archer Daniels Midland Company, 2013 SCC 58 (Sun-Rype) and Infineon Technologies AG v. Option consommateurs, 2013 SCC 59 (Infineon). Pro-Sys and Sun-Rype are British Columbia cases, while Infineon is a Quebec case decided according to the distinct civil, statutory and procedural laws of that province.

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