www.lexpert.ca | LEXPERT • December 2014 | 37
ANTITRUST CLASS ACTIONS
new constituency of potential plaintiffs.
The Pro-Sys trilogy is symptomatic of a shrinking world in terms
of legal risk and accountability for business accessing an increasingly
globalized marketplace. Not long ago, US Federal Courts were no-
table outliers for their jurisdictional reach embracing foreign actors
and offshore economic activity with incidental impact in the United
States. However, as noted at the onset of this article, the US Supreme
Court has moved in recent decisions to curtail the extent to which
US Federal Courts may continue in the role of dispensing justice
Nikiforos Iatrou focuses on complex business litigation and competition law. He
recently fi nished a three-year special appointment as counsel to Canada's Commis-
sioner of Competition. ere he acted as lead counsel on some of Canada's
highest-profi le matters, including successfully leading the Bureau's case before both the
Competition Tribunal and the Federal Court of Appeal in the precedent-setting
CCS/Tervita matter. A former clerk of the Court of Appeal for Ontario, he publishes
widely, including as co-author of the book Witness Preparation: A Practical Guide with
Supreme Court of Canada Justice omas Cromwell and Bryan Finlay, QC.
Bronwyn Roe practices in a variety of civil and commercial litigation matters, focus-
ing on corporate and commercial disputes. She has experience advising clients in
relation to competition law litigation and Competition Bureau investigations. She
obtained her JD from Osgoode Hall Law School.
Nikiforos
Iatrou
WeirFoulds LLP
Tel: (416) 947-5072
Fax: (416) 365-1876
Bronwyn
Roe
WeirFoulds LLP
Tel: (416) 947-5051
Fax: (416) 365-1876
niatrou@weirfoulds.com
broe@weirfoulds.com
Scott Fairley is an experienced public and commercial law litigator and commer-
cial law arbitrator and arbitration counsel. He also has a strategic advisory practice
focusing on transnational disputes. He has appeared before both Ontario and
Federal courts, and has extensive experience as counsel in the Supreme Court of
Canada. Scott has also acted as counsel, advisor to US counsel and expert witness
in the US Federal Courts.
H. Scott
Fairley SJD,
FCI. Arb.,
WeirFoulds LLP
Tel: (416) 947-5015
Fax: (416) 365-1876
sfairley@weirfoulds.com
with global reach. Canadian courts, on the other hand, appear to
be embracing a more flexible and liberal approach to cases with pre-
dominately foreign elements and the sufficiency of domestic impact
required to warrant the assumption of jurisdiction by a Canadian fo-
rum. The scope and extent of this trend will continue to unfold in fu-
ture cases. In any event, with the Pro-Sys Trilogy the Supreme Court
of Canada has opened one prominent avenue of outreach attaching
Canadian legal consequences to economic activity abroad which did
not exist before.
