Category: Competition & Antitrust

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Formal Bidding Process Required to Find Bid-Rigging Violation, Quebec Court Rules

March 1, 2018

The Superior Court of Québec (Court) recently acquitted an individual charged with bid-rigging under the Competition Act in R. v. Rousseau because the prosecution failed to prove that the alleged bid-rigging occurred in the context of a call or request for bids or tenders. KEY TAKEAWAYS: The prosecution must establish that the customer calling for bids held a formal process,…

Competition Bureau Resolves Two Drip Pricing Cases

February 26, 2018

The Canadian Competition Bureau (Bureau) has recently reached settlements with Leon’s Furniture Limited (Leon’s) and The Brick Ltd. (The Brick) and Enterprise Rent-A-Car Canada Company (Enterprise), addressing marketing practices related to disclosure of fees. Companies should expect the Bureau will continue to ensure that advertised prices reflect all mandatory fees and surcharges. KEY TAKEAWAYS: The Bureau, federal government and various…

Canadian Competition Policy Focuses in on “Big Data”

February 20, 2018

The application of competition law and policy to “big data” has become a major focus for government agencies in Canada and around the world. In recent weeks, both the Competition Bureau and the Bank of Canada have weighed in. Competition regulators around the world, from the U.S. to Japan to Germany and the European Union have also issued their own…

Canadian Mergers and Acquisitions: FAQs and 2018 Trends

February 16, 2018

Our Canadian Mergers and Acquisitions: FAQs and 2018 Trends answers frequentlyasked questions regarding the regulation of public M&A in Canada and provides anoutlook for what 2018 may hold based on significant developments we observedfrom the Canadian deal environment in 2017.

Competition Bureau Files Application Alleging Misleading Ticket Pricing

January 30, 2018

On January 25, 2018, the Competition Bureau (Bureau) filed an application with the Competition Tribunal (Tribunal) against Ticketmaster, its parent company Live Nation, and certain other Live Nation subsidiaries (collectively, Ticketmaster), for allegedly making deceptive marketing claims to consumers when advertising ticket prices for sports and entertainment events. The application’s key issue is that Ticketmaster charges consumers non-optional fees, which…

British Columbia Supreme Court Rejects “File, Smile and Certify” Approach to Class Actions

January 23, 2018

The British Columbia Supreme Court (Court) recently dismissed the plaintiff’s application for class certification in Ewert v. Nippon Yusen Kabushiki Kaisha (Ewert), holding that certification is not simply a “file, smile and certify” exercise in which defendants can be forced into onerous and complex class action litigation on a “wing and a prayer”, without meeting the low threshold required. The…

Competition Bureau Releases Final Fintech Market Study

December 22, 2017

The Competition Bureau (Bureau) recently released the final report from its market study, titled Technology-led innovation and emerging services in the Canadian financial services sector (Report), analyzing the regulatory and non-regulatory issues faced by the fintech industry in Canada. The Report makes recommendations to address these issues, many of which are a departure from the current paradigm informing the regulation…

Competition Bureau Announces Proposed Changes to Immunity Program

November 3, 2017

On October 26, 2017, Canada’s Competition Bureau (Bureau) released for comment a revised version of its Immunity Program, under which a party may receive immunity from prosecution from the Director of Public Prosecutions (Crown) if the party is the first to disclose an offence not yet detected by the Bureau or is the first to come forward before the Bureau…

International Competition Network Addresses Bid-Rigging in Government Procurement

October 16, 2017

In October 2017, Canada’s Commissioner of Competition John Pecman (Commissioner) joined competition law enforcement authorities from around the world in Ottawa for the International Competition Network’s (ICN) 14th annual Cartel Workshop, which focused on “combating cartels in public procurement”. The Cartel Workshop involved 27 sessions addressing bid-rigging issues such as detection in public versus private procurement, screening public procurement data…

Significant Developments in Recent Competition Litigation

May 2, 2017

In three decisions released at the end of April 2017, Superior Court of Québec, Ontario Divisional Court and Federal Court judges addressed a number of important issues for businesses, including unreasonable delay in prosecution, certification and disclosure. SUPERIOR COURT OF QUÉBEC RULES ON LENGTHY DELAY On April 21, 2017, the Superior Court of Québec (Court) ruled that lengthy delay between…

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