Canada Decision Poses Antitrust Risk For U.S. Manufacturers

Last fall, Canada’s Supreme Court released three class action certification decisions with wide-ranging implications for U.S. companies supplying goods or product components in Canada. The decisions mean that individuals or companies that have acquired products from resellers (indirect purchasers) can bring class actions for damages based on violations of Canada’s competition laws. This is in contrast both to a U.S. Supreme Court decision that prohibits such claims on the federal level and numerous state laws.