Canadian High Court Won't Adopt US-Style Class Cert. Test

Law360, New York (October 31, 2013, 1:35 PM EDT) -- Canada's highest court on Thursday ruled that indirect purchasers can bring antitrust claims and refused to require judges to delve into the merits of a claim before certifying a class action, upholding separate class actions against Microsoft Corp. and Infineon Technologies AG.

The Supreme Court of Canada sided with plaintiffs in two of three antitrust cases all turning largely on the question of whether consumers and other indirect purchasers can sue for damages under the country's competition laws, but rejected class certification in a third case...
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