Canadian Supreme Court Clears the Way for Indirect Purchaser Competition Class Actions: Reason and Clarity Prevail in Previously Muddled Area* Earlier today the Supreme Court of Canada (“SCC”) released three long-awaited companion judgments that finally create clarity and certainty in the area of indirect purchasers’ ability to commence competition law class actions in Canada. (“Indirect purchasers” are consumers that have not purchased a product directly from an alleged overcharger, such as in a price-fixing cartel, but from a direct purchaser or another intermediary in the distribution chain.) The cases are: Pro-Sys Consultants Ltd. v. Microsoft Corporation, 2013 SCC 57; Infineon Technologies AG v. Option consommateurs, 2013 SCC 59; and Sun-Rype Products Ltd. v. Archer Daniels Midland
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The Canadian Supreme Court clears the way for indirect purchaser competition class action related to compensation for harm caused by inflating the price of microchips (Infineon Technologies / Pro-Sys / Sun-Rype)
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