Eaton, et al. v. Teva Canada Limited, et al.

Analysis Group was retained on behalf of the defendants in a Canadian antitrust case brought on behalf of purchasers of generic drugs. The plaintiffs alleged that multiple pharmaceutical companies entered into a conspiracy to fix prices and allocate the market in Canada and the US for generic drugs and sought certification of a class consisting of Canadian purchasers.

An Analysis Group team led by Managing Principal Dov Rothman and Vice President David Toniatti supported academic affiliate James Levinsohn, who filed multiple expert reports and testified at deposition. Professor Levinsohn rebutted the plaintiffs’ expert’s report, opining that the expert had not presented a reliable methodology to prove antitrust injury or estimate class-wide damages.

A judge in the Federal Court of Canada ruled in favor of the defendants, holding that the plaintiffs had not established several criteria necessary for certification of the class.