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Indirect Purchaser Claims

Authors: Chantelle Cseh and Adam F. Fanaki

In its first decisions in over 20 years addressing private competition law claims, the Supreme Court of Canada found that indirect purchasers (such as consumers and retailers) are entitled to assert claims for damages and restitution in class actions relying upon alleged competition law offences. This article discusses the significance of these highly anticipated decisions (Infineon Technologies AG v Option Consommateurs 2013 SCC 59; Pro-Sys Consultants Ltd v Microsoft Corporation 2013 SCC 57; and Sun-Rype Products Ltd v Archer Daniels Midland Company 2013 SCC 58) and what the implications could be for competition policy and class certification in Canada.

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