Optical Disk Drives Price Fixing Class Action

McMillan acted on behalf of the co-defendants in a class action lawsuit filed against various optical disk drive manufacturers and suppliers in Ontario, British Columbia, Québec, Manitoba and Saskatchewan (Pioneer Corp. v. Godfrey, 2019 SCC 42).

In December 2018, McMillan appeared before the Supreme Court of Canada (“SCC”) to appeal the certification decision. The action was certified in British Columbia and upheld by the BC Court of Appeal. The SCC granted leave to appeal in the BC case in June 2018 upheld the certification in September 2019.

The SCC’s decision addressed critical issues related to the standard required to certify harm as a common issue in price-fixing cases; whether umbrella purchasers have a cause of action for price-fixing; whether the Competition Act is a complete code for civil remedies for breaches of the Act; and the manner in which the limitation periods in the Act are applied.

The McMillan team was led by Neil Campbell and included Joan Young, Sidney Elbaz and Samantha Gordon.

McMillan’s Competition Group is known for having top-tier experience in both pillars of the practice area: Merger Control and Cartel Defence / Class Actions. We are seen as the go-to counsel by leading global law firms and are regularly retained to obtain Canadian clearance in high-profile global M&A transactions. We are also go-to counsel for leading Canadian mergers which involve in-depth reviews by the Competition Bureau. Our firm offers countrywide bench strength and experience in competition law matters.

McMillan’s Litigation Group is one of Canada’s leading domestic and cross-border corporate commercial litigation firms. Our lawyers are recognized for their creativity and effectiveness in bringing disputes to a satisfactory conclusions, both inside and outside the courts. We strive to deliver a complete solution – no matter the nature of the corporate or commercial disputes. As experienced litigators, we always assess risk and opportunities before advising clients on the likelihood of success and helping them weigh their options. We also understand that litigation is not always the preferred option. We help clients pursue a full range of resolution avenues including early negotiated settlements and alternative dispute resolution methods. If we proceed to court, however, we are equally recognized for our ability to vigorously advance our clients’ commercial interests.