CIVIL PROCEDURE - Parties - Class or representative actions - Certification - Class counsel - Common interests and issues

Law360 Canada (November 7, 2023, 6:37 AM EST) -- Application by the Plaintiffs to certify the matter as a class proceeding. Application by the Defendants for summary judgment. The Defendants had been in the business of developing, implementing and licensing cellular technology and modem chips, which allowed cellular devices to connect to the internet. The Plaintiffs sought a certification order on the basis that the Defendants’ alleged unlawful and anticompetitive business practices had harmed Canadian consumers by inflating the price of cellular devices. The Defendants argued that their impugned business practices were pro-competitive, and the Plaintiffs’ claims should be dismissed as these claims were without merit and had no chance of success. The Plaintiffs named in the action claimed to have purchased cellular devices containing modem chips. These standards were set via agreements reached by industry participants, including the Defendants. The Defendants comprised Qualcomm Incorporated and its wholly owned subsidiaries. The Defendants were separate corporate entities, and each denied acting as a joint enterprise or as agents of the other. Through the proposed class action, the Plaintiffs sought to obtain redress for the harms imposed on class members because of Qualcomm’s conduct....
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