An Untimely End To Indirect Purchaser Actions In BC?
May 10, 2011, 12:12 PM EDT
Law360, New York (May 10, 2011, 12:12 PM EDT) -- Two recent decisions issued concurrently by the British Columbia Court of Appeal — Sun-Rype Products Ltd. v. Archer Daniels Midland Co., 2011 BCCA 187 (April 15, 2011) and Pro-Sys Consultants Ltd. v. Microsoft Corp., 2011 BCCA 186 (April 15, 2011) — could dramatically affect private enforcement of competition laws in the province and potentially throughout Canada.
Over a vigorous dissent, the Courtof Appeal ruled that indirect purchasers in competition matters “have no cause of action maintainable in law,” thereby adopting the prohibition articulated in the United States...
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