Supreme Court Of Canada Will Hear Indirect Purchaser Appeals

Today, the Supreme Court of Canada granted leave to appeal from the British Columbia Court of Appeal's decisions in Pro- Sys Consultants Ltd. v. Microsoft Corporation, 2011 BCCA 186 and Sun-Rype Products Ltd. v. Archer Daniels Midland Company, 2011 BCCA 187. The BC Court of Appeal had held that indirect purchasers in price-fixing class actions do not have a cause of action recognized in Canadian antitrust law. The Supreme Court's decision to hear the appeals signals its intention to rule on this important issue arising in price-fixing class actions and dividing provincial appellate courts. A decision on the merits of the appeal is likely to be the most significant to date involving antitrust class actions in Canada.