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Supreme Court of Canada considers class actions for indirect purchasers
By Leah Nylen ( October 18, 2012, 22:16 GMT | Insight) -- Washington – Canada’s highest court heard arguments Wednesday on whether indirect purchasers who are overcharged for products because of anticompetitive conduct can bring class actions against companies engaged in the illegal behavior.
The Supreme Court of Canada heard arguments in three cases: one against commodities giant Archer Daniels Midland for fixing prices on high fructose corn syrup; one against Samsung for price-fixing of dynamic random access memory, or DRAM; and one against Microsoft for anticompetitive conduct that allegedly led to increased prices on software products.
The high court’s ruling in the cases could have a significant impact on private damages liability for companies found to have committed antitrust violations in Canada.
The Canadian Supreme Court, which is composed of nine justices, heard arguments for eight-and-a-half hours on the issue of whether indirect purchasers should be permitted to bring class actions, as well as other legal questions raised in each of the individual cases.
Several of the judges expressed concern about the scope of liability if indirect purchasers can bring class actions, as well as the burden of proof that would be necessary at the certification stage of a case....
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