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ARTICLE · 13 JUNE 2018

Supreme Court To Reconsider Fundamental Elements Of Antitrust Class Actions

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Antitrust class actions have proliferated in Canada following the Supreme Court's 2013 "trilogy" of competition law decisions headlined by Pro-Sys Consultants Ltd. v. Microsoft Corp.

CanadaAntitrust/Competition Law
Emrys Davis
Emrys Davis
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Antitrust class actions have proliferated in Canada following the Supreme Court's 2013 "trilogy" of competition law decisions headlined by Pro-Sys Consultants Ltd. v. Microsoft Corp. Those decisions held that "indirect purchasers" of price-fixed goods do have a cause of action under section 36 of the federal Competition Act, but they left a number of follow-on issues not clearly decided, or unaddressed.

The Supreme Court of Canada will soon hear a case that may settle some of the resulting controversies. On June 7, 2018, the Supreme Court granted leave to appeal the decision of the British Columbia Court of Appeal in Godfrey v. Sony Corporation. The issues raised in the ensuing appeal will include:

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