Indirect purchasers of a product that was the subject of a price fixing conspiracy cannot sue to recover losses passed on to them by direct purchasers, the British Columbia Court of Appeal ruled in two landmark decisions issued recently. These decisions are now being appealed to the Supreme Court of Canada. The US Supreme Court rejected the conjoined concepts of passing-on as a defence and passing-on as giving rise to a cause of action by indirect purchasers in two landmark decisions, Hanover Shoe (1968) and Illinois Brick (1977). The issue of whether indirect purchasers could claim in Canada first arose [...] Full article
Review of major Canadian Competition Law developments over the past year, including: Criminal, Reviewable Matters, Mergers, Marketing Practices, Private Enforcement, The Long Arm of US Antitrust, Across the Pond Top Stories
- Can indirect purchasers sue for price-fixing losses?
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