The Canadian Supreme Court allows indirect purchasers to sue for damages caused by a price fixing cartel (Infineon, Pro-Sys, Sun-Rype)

Class action business as usual after SCC decisions* It’s business as usual for class actions after Canada’s Supreme Court issued a trilogy of decisions holding that so-called indirect purchasers can sue for damages caused by price fixing, and that whether indirect purchasers suffered harm can be certified as a common issue in a class action so long as the plaintiffs demonstrate a methodology capable of showing that price fixing overcharges were passed on to the indirect purchaser level. Indirect purchasers and the passing on problem Direct purchasers are purchasers who buy directly from the participants in a price fixing conspiracy. They pay more for the product than they would otherwise. Indirect purchasers are those purchasers who buy the product itself from the direct purchasers,

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Michael Osborne, The Canadian Supreme Court allows indirect purchasers to sue for damages caused by a price fixing cartel (Infineon, Pro-Sys, Sun-Rype), 31 October 2013, e-Competitions Bulletin October 2013, Art. N° 60078

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