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Canada: SC to decide whether indirect buyers can be part of antitrust class actions

By  |  October 29, 2013

The Supreme Court of Canada is set to announce rulings of antitrust class actions on Thursday, according to reports.

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    The Court decided in December 2011 to hear appeals whose decisions will decide whether indirect purchasers have a class action remedy under Canadian law; the BC Court of Appeal ruled in twin cases that class actions were not available to such purchasers, which buy products after the initial purchase from a company involved in anticompetitive conduct.

    Reports say the BC Court of Appeal’s ruling was adopted from the US Supreme Court Illinois Brick Co. v Illinois from 1977.

    The British Columbia cases were Pro-Sys Consultants Ltd. v. Microsoft Corporation and Sun-Rype Products Ltd. v. Archer Daniels Midland Company. A third appeal, Infineon Technologies AG. C. Option Consommateurs, was then heard with along with the BC cases in the Supreme Court.

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