Can An "Episodic" Price-Fixing Conspiracy Be Certified As A Class Action?

Many price-fixing class actions allege a reasonably uniform conspiracy. The stereotypical scenario alleged is that executives from different companies meet in a dark, smoke-filled room and agree to raise prices or restrain output in some uniform fashion. While that is an oversimplification, and reality is always much more complex, the basic core of most price-fixing allegations is that there was a uniform conspiracy that impacted all, or at least most, consumers in a broadly similar way. This is what has made so many price-fixing class actions amenable to certification.

The recent decision of the Ontario Superior Court of Justice in Mancinelli v Royal Bank of Canada is very different. In that case, the price-fixing conspiracy was accepted to be episodic. That type of case raises unique circumstances and challenges for all parties.