ARTICLE · 01 NOVEMBER 2013

Consumers Can Join Class Actions Over Price-Fixing

Lerners LLP

CanadaLitigation, Mediation & Arbitration

On October 31, 2013, the Supreme Court of Canada released three important judgments dealing with whether consumers can sue manufacturers who are involved in conspiracies that increase the prices of products that consumers purchase. The Supreme Court of Canada ruled that consumers can sue manufacturers who are alleged to have fixed the prices of goods that are inputs into final goods.

Each of the three cases, Pro-Sys Consultants v. Microsoft, Sun-Rype Products v. Archer Daniel Midlands Company and Infineon Technologies v. Option Consommateurs, are class actions in which the defendants are alleged to have been involved in improper conspiracies to increase prices of products that they manufacture which are inputs into a final product. Therefore, they are not bought directly by consumers, but are part of the product the consumer buys.

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Consumers Can Join Class Actions Over Price-Fixing

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