Category: Competition & Antitrust

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SCC Upholds Solicitor-Client, Litigation Privilege in Recent Rulings

November 28, 2016

In two decisions released on November 25, 2016, the Supreme Court of Canada (SCC) affirmed the fundamental importance of litigation privilege and solicitor-client privilege. In Lizotte v. Aviva Insurance Company of Canada (Lizotte), the SCC dealt with issues relating to the breadth of litigation privilege and confirmed that it exists as a stand-alone privilege under Quebec law, while in Alberta…

Canada’s Competition Commissioner Provides Guidance on Innovation, Efficiencies and Competitor Collaborations

October 12, 2016

The Commissioner of Competition (Commissioner) addressed innovation, enforcement and policy initiatives at the Competition Bureau (Bureau) in his keynote speech, “Strengthening Competition: Innovation, Collaboration and Transparency”, on October 6, 2016, at the Canadian Bar Association, Competition Law Section’s Annual Competition Law Fall Conference. Speakers from Blakes at the conference included Brian Facey, Navin Joneja, Julie Soloway and Robert Kwinter. The…

Court of Appeal Rules Competition Act is not a Complete Code, Discoverability Principle Applies

August 18, 2016

On August 11, 2016, the Ontario Court of Appeal (Court) provided guidance on the limitation period in section 36 of the Competition Act‎ (Act) and whether the Act removes plaintiffs’ ability to seek damages under common law for violations of the Act’s criminal provisions. In Fanshawe College of Applied Arts and Technology v. AU Optronics Corporation (Fanshawe), a class action…

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…

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