A CRA Life Sciences team led, by Dr. Gregory Bell, was retained on behalf of Canadian pharmaceutical manufacturers in a class action matter alleging a conspiracy to fix prices and allocate sales of generic drugs sold in Canada.
Dr. Bell’s expert report focused on explaining how the institutional structure of drug pricing in Canada is inconsistent with the Plaintiff’s allegations, including highlighting factual errors made in the Statement of Claim. He also addressed purported examples of price-fixing by highlighting the opposing expert’s failure to consider details contrary to such behavior. In addition, Dr. Bell responded to the opposing expert’s reliance on third-party studies purportedly showing higher pharmaceutical prices in Canada by characterizing the significant differences in institutional and regulatory drug-pricing frameworks across countries.
In a subsequent reply report, Dr. Bell addressed new arguments about the mechanisms of the alleged price-fixing conspiracy. He emphasized aspects of the institutional and regulatory framework relating to retail pharmacy prices for generic drugs that both the Plaintiff and the opposing expert failed to consider. Though the conduct cited in examples provided by the opposing expert pointed to a price-fixing conspiracy, Dr. Bell proved there were more plausible explanations. On February 20, 2026, the Federal Court denied the Plaintiff’s motion for class certification, with no leave to amend. The Court found that the Plaintiff had not satisfied several of the criteria for certification of a class action, including “reasonable cause of action” and “any basis in fact for the proposed common issues concerning the alleged wrongful acts.”
The case, Kathryn Eaton v Teva Canada Limited et al, led by Dr. Bell was supported by Dr. Daniel Shack, Dr. Justin Ho, Dr. Laura Jenkins, and Dr. Annabelle Fowler.
