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 CONSOMMATEURS

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 direct 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 case lowered the bar for authorizations in

Quebec, address how Inf‌ineon may have affected the notion of

adequate representation, and examine the problem of conf‌lict-

ing interests at trial in light of the Court’s comments on com-

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

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