Federal Court of Canada

Competition class actions are often sparked by regulatory or criminal investigations, especially when there are admissions of anti-competitive conduct or guilty pleas.

In the recent Jensen decision, the Federal Court of Canada considered when the mere existence of an investigation can support certification, and what is required for a foreign investigation to satisfy the “some basis in fact” standard.

Continue Reading Can Foreign Investigations Establish Some Basis in Fact of an Alleged Conspiracy?

Since the Supreme Court of Canada’s 2013 trilogy of decisions in Pro-SysSun-Rype and Infineon, and its 2019 decision in Godfrey, plaintiffs have had considerable success certifying private antitrust/competition class actions in Canada.  It is thus noteworthy that a number of recent decisions suggest a growing judicial willingness to limit or dismiss proposed competition class actions at the certification stage or before certification through preliminary motions.

Continue Reading Competition Class Actions in Canada: Takeaways from 2021 and Trends for 2022