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ARTICLE · 15 MARCH 2023

Failure To Allege Sufficient Facts Dooms Quebec Price-Fixing Class Action

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In Hazan c. Micron Technology Inc. et al., the Quebec Court of Appeal has confirmed the Superior Court's first instance judgment dismissing the authorization of a class action alleging an international conspiracy..

CanadaLitigation, Mediation & Arbitration
Noah Boudreau
Noah Boudreau
Mirna Kaddis
Mirna Kaddis
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In Hazan c. Micron Technology Inc. et al.1, the Quebec Court of Appeal has confirmed the Superior Court's first instance judgment dismissing the authorization of a class action alleging an international conspiracy to fix the prices of dynamic random-access memory chips ("DRAM").

While Plaintiffs who file a price-fixing class actions normally rely on some tangible evidence to demonstrate the existence of the alleged conspiracy, such as a guilty plea, fine or indictment, the Plaintiff in Hazan advanced no specific facts or evidence to support his otherwise general and vague misconduct allegations. This was fatal to his claim.

Facts

The Plaintiff alleged that the defendants conspired to fix the prices of DRAM, referring to an investigation into a conspiracy to fix the price of DRAM in China, but failing to elaborate on the nature and results of that investigation.

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