On May 17, 2012, leave was granted by the Supreme Court (per Justices LeBel, Fish and Cromwell) in the Quebec Dynamic Random Access Memory (DRAMs) case (Samsung Electronics Co., et al v. Option Consommateurs, et al (Que. C.A., Nov. 16, 2011). This case will be consolidated with the two British Columbia indirect purchaser price-fixing cases scheduled to be heard by the Supreme Court in October (Pro-Sys Consultants Ltd., et al. v. Microsoft Corporation, et al. and Sun-Rype Products Ltd., et al. v. Archer Daniels Midland Company, et al.).
This much watched (now trilogy) of cases may finally lead to a resolution in Canada of the unsettled ability of indirect purchasers to bring price-fixing class action suits (the three cases to be heard are conflicting cases – the two British Columbia appellate decisions having denied indirect purchasers standing while the Quebec Court of Appeal took the opposite position allowing indirect purchasers to proceed in the Quebec DRAMs case).
For the Supreme Court’s leave decision see: applications for leave. See also: parties, counsel, summary, factums.
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