The Litigator


Compelling Commentary on Law Affecting Business

The Litigator
AGM :: Affleck Greene McMurtry LLP


Affleck Greene McMurtry LLP
365 Bay Street, Suite 200  ·  Toronto, Canada
416 360 2800  ·  ·

The Loss Stops Here

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 ... [more] Full article

Competition Law Review

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?
  • Bureau reverses the charges on hidden fees
  • Court throws the book at Yellow Page business directory scam
[more] Full article

Indirect Purchaser Cases to be Heard by Supreme Court

On December 1, 2011, the Supreme Court of Canada agreed to hear appeals in two cases that raise the issue: can indirect purchasers sue to recover losses arising from a ... [more] Full article

Canadian Plaintiffs Acheive a Breakthrough in Certifying Price Fixing Class Actions

Courts in two Canadian cases have recently made it easier to certify direct and indirect-purchaser class actions seeking damages for alleged price fixing. Formerly, the difficulty of proving damages suffered ... [more] Full article

Indirect purchasers Contributors

W. Michael G. Osborne

W. Michael G. Osborne

Affleck Greene McMurtry LLP

Michael is a respected and practised litigator who acts for and advises parties in a wide range of competition matters, a variety of commercial disputes, including contractual disputes, shareholders' disputes, commercial fraud, and employment matters, and also in administrative law and constitutional issues. Michael has been admitted as a Fellow of the Chartered Institute of Arbitrators (UK). Michael is a frequent contributor to newsletters published by the ABA's Anti-trust Section, The Litigator and often quoted by The Financial Post, The Lawyer's Weekly, Lexpert Magazine and other publications of interest to the legal community.

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