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

The Supreme Court of Canada’s decision in Infineon Technologies AG v Option consommateurs has been heralded as a landmark judgment for its recognition that both direct and indirect purchasers can have a cause of action against defendants 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 conflicting interests at trial in light of the Court’s comments on commonality and its decision in Vivendi Canada Inc v Dell’Aniello.