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Canada: Supreme Court to decide fate of antitrust class actions in Canada

 |  October 4, 2012


The Supreme Court of Canada is determining the fate and scope of antitrust class actions in Canada. The Court has scheduled a hearing on Oct. 17 for two decisions pending in the British Columbia Court of Appeal, namely Pro-Sys Consultants Ltd. v. Microsoft Corporation, and Sun-Rype Products Ltd. v. Archer Daniels Midland Company. At the same time, the Court will hear the appeal from the Quebec Court of Appeal’s decision in the Options Consommateurs v. Infineon Technologies case.

The core issue before the high court is known as the “DRAM” cases on whether indirect purchasers, those who bought a product after the initial purchase from those involved in anti-competitive conduct, have a class action remedy under the Competition Act. The Act allows a private “right of action” to any person who has suffered a loss as a result of criminal misconduct under the legislation.


Full Content: Financial Post

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