The Impact of the Supreme Court of Canada’s Decision in Infineon Technologies Ag v Option Consommateurs on Quebec Class Actions

• Author: Christopher Maughan and Emmanuelle Rolland
• Pages: 173-184

173

THE IMPACT OF THE SUPREME

COURT OF CANADA’S DECISION

IN

INFINEON TECHNOLOGIES AG

v OPTION CONSOMM ATEURS

ON

QUEBEC CLASS ACTIONS

Christopher Maughan and Emmanuelle Rolland

Abstract: The Supreme Court of Canada’s decision in Inf‌ineon

Technologies AG v Option consommateurs has been her alded as

a landmark judgment for its recognition that both di rect and

indirect purcha sers can have a cause of action against defend-

ants accused of price-f‌ixing. The authors consider whether or

not the Inf‌ineon ca se lowered the bar for authorizations in

Quebec, address how Inf‌ineo n may have affected the notion of

adequate representation, and examine the problem of conf‌lict-

ing interests at tr ial in light of the Cour t’s comments on com-

monality and its deci sion in Vivendi Canada Inc v Dell’Aniello.

ccar 10.indb 173 1/19/2015 9:09:54 AM