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Appellate Court Permits Cipro Antitrust Litigation to Proceed as Class Action
July 21, 2004
The California Court of Appeal upheld in main part the trial court's grant of class certification of an antitrust and unfair competition action against Bayer Corporation, Barr Laboratories, two other generic drug companies, and other defendants involving Cipro, the top selling antibiotic in the world. Plaintiffs, all purchasers of Cipro, assert that Bayer, the maker of Cipro, and the other defendants colluded to block access to adequate supplies of Cipro and bring cheaper, generic versions of the drug to the market.
The Court of Appeal held that the damages suffered by the class were subject to class-wide proof by an expert, without regard to the particular circumstances of each individual class member.