Ballard Power Systems Inc.

On January 25, 2018, Spruce Point Capital Management published a report asserting, among other things, that Ballard misrepresented its operations. For example, the report alleges that contrary to Ballard’s public statements, “there are no demonstration lines operating in Guangdong and that no bus lines are in service in Sanshui or Yunfu.” The report further stated that local press releases indicate that Foshan has produced 114 fuel cell vehicle buses, but that a Foshan employee claimed that “far fewer buses have been produced to date and only 11 are licensed.” On this news, shares of Ballard fell $0.52, or over 13%, to close at $3.27 on January 25, 2018, thereby injuring investors.

The Complaint filed in this class action alleges that throughout the Class Period, Defendants made materially false and misleading statements regarding the Company’s business, operational and compliance policies. Specifically, Defendants made false and/or misleading statements and/or failed to disclose that: (i) the Company had overstated the operations of its China-based partners Broad Ocean and Synergy JV; (ii) Ballard’s technologies had not been deployed in China to the extent the Company had represented; and (iii) as a result of the foregoing, Ballard shares traded at artificially inflated prices during the Class Period, and class members suffered significant losses and damages.