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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.

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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