INTERNATIONAL: CANADA – PRIVATE ACTIONS – OPT-IN – OPT-OUT – DAMAGES – PASSING-ON

The long crossing to the right of compensation: The Canadian rule for indirect purchasers

This text aims to highlight the normative and procedural contexts in and by which the Supreme Court of Canada has come to the recognition of a right of compensation for indirect purchasers victims of anti-competitive practices under Part VI of the Competition Act. It shows " road traveled " by indirect purchasers from difficulties and differences revealed by the procedural provincial way of collective action to the fate of passing- on . Thus, the first part emphasizes the use of the private right of action and special statuary under section 36 of Competition Act through collective action. The second part deals more directly and explicitly the rule laid down by the Supreme Court in his trilogy of 2013 and that passing-on can serve as a sword rather than a shield.

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. Introduction 1. According to a widely accepted model, there is an essential distinction in competition law enforcement between repressive and regulatory action taken on the initiative of public enforcement authorities (public enforcement) and private remedial action brought by individuals or groups of individuals before the ordinary courts (private enforcement). Canada's procedural competition law is based on the truncated model whereby an administrative authority, in this case the Commissioner of Competition, who has a number of enforcement powers and who heads the Competition Bureau, is responsible for conducting inquiries and investigations

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Karounga Diawara, The long crossing to the right of compensation: The Canadian rule for indirect purchasers, September 2016, Concurrences Nº 3-2016, Art. N° 80012, pp. 203-212

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