In one of the most significant proposed competition class actions in Canadian history, the proposed representative plaintiff sought C$5 billion in damages against over sixty defendants, including generic drug manufacturers and their affiliates.
The claim alleged a wide-ranging conspiracy to allocate markets, fix prices, and maintain supply of generic drugs across North America, implicating events back to 2009. This case was closely related to major U.S. price-fixing litigation brought in more than 40 states against leading generic drug manufacturers, alleging collusion to inflate prices for over 100 generic drugs.
Fasken represented Sandoz Inc., Sandoz Canada Inc., Fougera Pharmaceuticals Inc., and Novartis Pharmaceuticals Canada Inc. in responding to the certification motion at the Federal Court. The Fasken team was led by Antonio Di Domenico. It included Vera Toppings, Carolyn Flanagan, and Robin Roddey, with Laura Cooper playing a strategic advisory role. The motion was dismissed without leave to amend, and that decision has not been appealed.
Jurisdiction
- Canada
