CASE COMMENTS : CARTEL - CLASS ACTION - INDIRECT PURCHASERS
Canada: The Quebec Court of Appeal rules that indirect purchasers have standing to sue in class action (Option Consommateurs/Infineon Technologies)
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On November 16, 2011, the Quebec Court of Appeal rendered an important decision regarding the right of indirect victims of a cartel to avail themselves of a class action based on the violation of an antitrust law. This decision is interesting in several respects. First, it is the first time that the highest court in Quebec (the Quebec Court of Appeal) has ruled on an issue of this nature. Second, its response was eagerly awaited, as it would interact with other legal solutions rendered by other Canadian provincial jurisdictions (mainly in British Columbia and Ontario) on the same issue. Finally, since the alleged cartel was hatched, detected and sanctioned in
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