Generic drug maker wins right to sue for anti-competitive practices

In December 2000, the Ontario Court of Appeal upheld the right of generic drug manufacturer Apotex Inc to sue three name-brand pharmaceutical companies for allegedly anti-competitive practices. Apotex's claim had been struck out by a lower court, but the appellate court overturned this judgment and allowed the suit to proceed. The facts alleged by Apotex, if eventually proved true, could support a court finding that the name-brand companies were in fact liable.