Supreme Court Of Canada Allows Indirect Purchaser Claims

In its first decisions in over 20 years addressing private competition law claims, and its first decisions in over a decade considering substantively Canadian certification law in a common law jurisdiction, the Supreme Court of Canada has found that indirect purchasers (such as consumers and retailers) are entitled to assert claims for damages and restitution in class actions relying upon alleged competition law offences. These highly anticipated decisions may have significant implications for competition policy and class certification in Canada. The decisions are also likely to result in an increase in private competition litigation, providing a boost to class action lawyers, while placing a heavy burden on trial judges to grapple with complex evidentiary issues that arise in the context of such claims.