The plaintiffs are a putative class of both direct and indirect purchasers of high fructose corn syrup (HFCS), a widely-used sweetener. The defendants–a group of large agricultural concerns including Archer Daniels Midland, Cargill, and Best Foods–are accused of engaging in essentially the same conduct in Canada that previously led to protracted price fixing litigation in the U.S.
Econ One was retained by counsel for the plaintiffs to analyze issues related to class certification. Dr. Jeffrey Leitzinger submitted expert reports and provided deposition testimony. The lower court initially granted class certification, but that decision was overturned on appeal with respect to the indirect purchasers. Subsequently, the Supreme Court of Canada agreed to consider an appeal lodged by the plaintiffs challenging the decision not to grant certification to the indirect purchasers and a cross-appeal lodged by the defendants requesting dismissal of the direct purchasers claim. The Supreme Court ruled to dismiss the appeal and allow the cross-appeal.