Category: Competition & Antitrust

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Supreme Court of Canada Mandates Disclosure of Wiretap Evidence in Civil Proceedings

October 24, 2014

  In a decision released on October 20, 2014, the Supreme Court of Canada considered the question of whether a party to a civil proceeding can compel the disclosure of records of private communications intercepted by the state in the course of a criminal investigation.     BACKGROUND   In early summer 2004, the Competition Bureau began an investigation (Octane…

10 Things Businesses Need to Know about Competition Bureau’s Price Maintenance Enforcement Guidelines

October 1, 2014

  As we previously reported, the Competition Bureau (Bureau) has published its Price Maintenance Enforcement Guidelines (Guidelines). Summarized below are the top 10 things businesses operating in Canada need to know about the law of price maintenance in Canada and the Guidelines.   1. Price Maintenance under the Competition Act   Under section 76 of the Canadian Competition Act (Act),…

Canadian Competition Law: Developments in Intellectual Property and Corporate Compliance

September 24, 2014

  There were three notable substantive developments arising from last week’s Canadian Bar Association Annual Fall Competition Law Conference and a speech and white paper issued by Canada’s Commissioner of Competition on September 23, 2014.     UPDATES TO INTELLECTUAL PROPERTY ENFORCEMENT GUIDELINES   On September 18, 2014, the Competition Bureau (Bureau) issued an updated version of its Intellectual Property…

New Developments in Canadian Competition Law and Foreign Investment

September 18, 2014

  BUREAU’S NEW PRICE MAINTENANCE ENFORCEMENT GUIDELINES   On September 15, 2014, the Competition Bureau (Bureau) published its Price Maintenance Enforcement Guidelines (Guidelines). These Guidelines describe the Bureau’s approach to enforcing section 76 of theCompetition Act (Act), a civil provision focused on conduct that influences the price at which a downstream supplier sells its products and which has an adverse…

Competition Bureau Outlines International Merger Priorities and Tribunal Clarifies Third-Party Challenge Rights

September 12, 2014

  SPEECH OUTLINES BUREAU PRIORITIES   On September 10, 2014, Senior Deputy Commissioner of Competition, Mergers, Lisa Campbell outlined the Competition Bureau’s (Bureau) international priorities and announced new initiatives during a speech at the Global Antitrust Enforcement Symposium at Georgetown University Law Center in Washington, D.C.   Collaboration with U.S. Agencies: Earlier this year, the Competition Bureau and the U.S….

Important Developments in Canadian Competition Law

July 21, 2014

COMMISSIONER EMPHASIZES IMPORTANCE OF COMPETITION LAW COMPLIANCE On July 3, 2014, Commissioner John Pecman participated in the Canadian Competition Law Compliance Workshop in Toronto, Canada. The workshop, hosted by Blakes and chaired by Brian Facey, Chair of the Blakes Competition, Antitrust & Foreign Investment group, was a collaborative effort of the International Chamber of Commerce, the Canadian Chamber of Commerce,…

Court Fines Rogers for Competition Act Violation

February 25, 2014

  In reasons issued by the Ontario Superior Court in Canada (Commissioner of Competition) v. Chatr Wireless Inc., the court penalized Rogers Communications Inc./Chatr C$500,000 for failing to adequately and properly test its “fewest dropped calls” claim prior to making those claims in its advertising. The court issued the administrative monetary penalty notwithstanding the fact that the claims ultimately proved true….

Competition Act Changes: Federal Budget Announcement

February 12, 2014

  While details remain to be seen, the clear tone and direction in Ottawa is that there will be important changes to the Competition Act in what is being described as a “Consumers First” Economic Action Plan for 2014 (Budget), tabled before the House of Commons on February 11, 2014.   Among the proposed changes we are monitoring:   The Government of…

Supreme Court of Canada Clarifies Tort of ‘Causing Loss by Unlawful Means’

February 5, 2014

  Claims based on the tort of unlawful means or unlawful interference with economic relations are common in commercial litigation and certain types of class actions, notably those related to competition law. Plaintiffs have seized upon the legal vagueness of the test for unlawful interference to seek redress for a complaint that does not fall easily into the established claims…

Federal Court of Appeal Not Sold on Realtors’ Defence

February 4, 2014

  In brief reasons issued on February 3, 2014, the Federal Court of Appeal (FCA) concluded that the Competition Tribunal erred in its interpretation of sections 78 and 79 of the Competition Act (the abuse of dominance provisions) and broadened the scope of application of those provisions to capture persons that do not compete directly in the market and conduct that is…

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