The Litigator

Litigator

Compelling Commentary on Law Affecting Business

The Litigator
AGM :: Affleck Greene McMurtry LLP

THE LITIGATOR

Affleck Greene McMurtry LLP
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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 leads Affleck Greene McMurtry LLP's competition team. He also practices commercial litigation and arbitration. Michael represents clients involved in business disputes, and defends clients facing competition law investigations, prosecutions, and class actions.

Contributor's Profile

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