What Fresh Hell Is This? The Canadian Cartel Class Action System

The answer to Miss Parker's question, for those in the midst of a cartel investigation, is, almost certainly, a follow-on class action claim. In this volume of Cartel Capers we aim to give a rough and ready overview of the class action system for cartel cases in Canada. A book could be written on this subject – some have been – so these are merely the highest of lights.

The first point to note is that what used to be called follow-on class actions (that is, follow-on after a criminal conviction) is now a misnomer. Like in the US, these are now parallel or even precursor class actions. The merest hint of a cartel investigation results in the filing of class action applications.

Canadian class actions are similar to those in the US in many respects. Whether it is auto parts, computer screens or memory chips, most international price fixing cases have their parallel Canadian class actions. As well, domestic cartels – such as in retail gasoline or chocolate – also give