Category: Competition & Antitrust

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Competition Tribunal Issues Mediation Practice Direction

June 21, 2016

KEY TAKEAWAYS: Guidance document describes the mediation process for any proceeding before the Competition Tribunal (Tribunal) by a judicial member of the Tribunal or the Federal Court Mediation is voluntary, can be scheduled any time during the proceeding, and may serve to breach an impasse between the parties before significant litigation costs are incurred Parties continue to have the option…

Alberta Court Orders Production of Documents in Native Format, Contrary To Agreement Between Parties

June 20, 2016

In Bard v. Canadian Natural Resources (Bard), the Court of Queen’s Bench of Alberta (Court) ruled that certain documents were to be produced in native format, despite what was set out in a discovery agreement between the parties. Following the Court’s ruling in Bard, litigants should consider how they want to produce, receive and use documents early on in a…

Risks of Competition Litigation: Being Aware and Being Prepared

June 14, 2016

Litigation arising from competition law issues now has the potential to affect all businesses operating in Canada. It is no longer confined to those unfortunate enough to be the subject of a Competition Bureau merger or abuse of dominance challenge — or, worse yet, a cartel or bid-rigging investigation. The scope of risk has expanded to include Bureau claims related…

Competition Tribunal Rescinds Ebooks Consent Agreement, Clarifies Substantive Requirements

June 13, 2016

KEY TAKEAWAYS:   The Competition Tribunal (Tribunal) requires that consent agreements disclose the basis of the conduct being remedied and the remedy’s rationale. The Tribunal confirms a previous holding that mere allegations of unlawful conduct are insufficient. The Commissioner must conclude that conduct contravenes the Competition Act. The decision will mean greater transparency from the settlement process. On June 10,…

Competition Bureau Launches FinTech Market Study

May 25, 2016

On May 19, 2016, the Competition Bureau (Bureau) announced that it has launched a market study into technology led innovation in the Canadian financial services industry (FinTech); FinTech was identified as a subject matter of interest at the Bureau’s workshop on emerging competition issues held in January 2016. The study raises important considerations not only for FinTech companies, but for…

Made in Canada: Competition Bureau Takes Action Against Moose Knuckles

May 4, 2016

On April 26, 2016, the Competition Bureau (Bureau) filed a Notice of Application (Application) against Moose International Inc. (Moose Knuckles), for alleged false or misleading “Made in Canada” claims in relation to its premium winter jackets. The Bureau is seeking, among other remedies, C$4-million in administrative monetary penalties (AMPs) as well as restitution for Moose Knuckles customers. This Application is…

Competition Tribunal Finds Toronto Real Estate Board Engaged in Abuse of Dominance

May 2, 2016

SUMMARY Last week, the Competition Tribunal (Tribunal) issued a summary of its decision in the Commissioner of Competition’s (Commissioner) long-running abuse of dominance case against the Toronto Real Estate Board. This case has broadened the scope of the type of conduct that can constitute an “abuse of dominance” under Canadian law, but the limits of what constitutes abusive conduct have…

Important Developments in Canadian Merger Control and IP Matters

April 4, 2016

KEY TAKEAWAYS The Competition Bureau (Bureau) has obtained a significant remedy in a merger between non-Canadian companies that was not notifiable in Canada. Parties to non-Canadian transactions must keep in mind that the Bureau retains the ability to conduct a review of, and threaten to challenge non-notifiable transactions. A merger the Bureau was challenging before the Competition Tribunal was settled…

Benchmark Risk: Emerging Challenges and Lessons Learned

March 1, 2016

Regulators around the world have shown an increased focus on alleged benchmark manipulation. Proposed legislative and regulatory changes designed to address benchmark-related misconduct could be in place as early as fall 2016. With a continuously evolving regulatory environment, and in the wake of multiple recent global regulatory investigations into alleged benchmark manipulation, Canadian businesses and institutions need to understand what…

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