Michael A. Eizenga

The plaintiff sought to certify a $5 billion class action against numerous generic drug manufacturers, alleging a North American conspiracy to fix prices and allocate the market in violation of the Competition Act.

The Federal Court dismissed the certification motion, finding the statement of claim lacked material facts particularizing the alleged conspiracy or the defendants' specific roles.

The plaintiff also failed to provide 'some basis in fact' for the existence of the conspiracy in Canada or common harm, rendering the proposed common issues uncertifiable and a class action not the preferable procedure.

The action against several specific defendants was dismissed with prejudice.