Federal Court of Appeal upholds decision to deny certification of price-fixing class action

By Danielle Royal and Alexandra Urbanski (August 18, 2023, 1:04 PM EDT) -- In Jensen v. Samsung Electronics Co. Ltd., 2023 FCA 89, the Federal Court of Appeal (the court) upheld the Federal Court’s decision to deny certification of a proposed competition class action. The plaintiffs alleged that the defendant manufacturers of Dynamic Random Access Memory (DRAM) chips had breached sections 45 and 46 of the Competition Act, R.S.C. 1985, c. C-34 (the Act) by conspiring to supress the global supply of DRAM and increase DRAM prices. The Federal Court of Appeal upheld the motion judge’s conclusion that there was no basis in fact for the existence of the proposed common issues....
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