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

In two recent decisions, the Ontario Superior Court and the British Columbia Court of Appeal relied on the aggregate damages provisions of the Class Proceedings Act in their respective provinces to certify class actions seeking damages for alleged conspiracies to fix prices for hydrogen peroxide and DRAM memory chips. In doing this, both courts side-stepped the requirement in the aggregate damages provisions that liability must be proved before damages can be assessed in the aggregate. A close examination of the decisions suggests, however, that the courts have in effect done away with this statutory requirement. [more] Full article

Contributors: Michael Osborne, Sonny Ingram, Jennifer Dyck, and Christian Farahat. Review of all Canadian Competition Law developments over the last 12 months, plus some US and EU developments, including: Mergers, Criminal, Private Actions, Reviewable Matters, Marketing Practices, The Long Arm of US Antitrust, Across the Pond Top Stories

• Hard time for hard core cartels
• Class action requirements loosened
• Suncor - Petro-Canada merger gets green light
• Nadeau’s feathers ruffled by Tribunal

Directors of a corporation cannot invoke the business judgment rule to justify decisions that violate a unanimous shareholders’ agreement, the Ontario Divisional Court held recently. [more] Full article

Contributers: Kenneth Dekker, Jennifer Dyck, Christian Farahat, Sonny Ingram, and Michael Osborne. An update on significant commercial litigation decisions released recently in Ontario. [more] Full article