May 10, 2021
Practical Law Canada Competition (of which I am Lawyer Editor) has published a new Legal Update, which discusses the Competition Bureau’s updated Competitor Collaboration Guidelines (CCGs), which were issued on May 6, 2021. The Update includes key changes from the 2009 CCGs, implications for companies engaging in collaborations with competitors and related Practical Law Canada Competition resources. Below is an excerpt with a link to the full Legal Update.
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On May 6, 2021 the Competition Bureau (Bureau) published the final version of its revised Competitor Collaboration Guidelines (CCGs) (see Competition Bureau, News Release, Competition Bureau releases updated guidelines regarding collaboration between competitors (May 6, 2021)).
The CCGs, which were first issued in 2009, provide an overview of the Bureau’s general approach to assessing collaborations between competitors under the criminal conspiracy (section 45) and civil agreements (section 90.1) provisions of the Competition Act, R.S.C. 1985, c. C-34 (Competition Act). For more information about the Competition Act, R.S.C. 1985, c. C-34, ss. 45 and 90.1 see Practice Note, Canadian Conspiracy (Cartel) Law.
The CCGs were issued in 2009 when the Competition Act was amended to, among other things, create a new two-track regime for agreements between competitors with three per se illegal offences under section 45 and a separate civil agreements provision (section 90.1) for agreements that prevent or lessen competition substantially. Prior to 2009, all agreements between competitors (both horizontal and vertical agreements) were assessed under one Competition Act provision, which included a competitive effects test.
Since 2009, there have been a number of new cases under sections 45 and 90.1 and the Bureau has refined its enforcement approach to key aspects of competitor collaborations, including taking the position that section 45 does not currently apply to upstream agreements among competitors (for example, no-poaching and wage-fixing agreements).
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For the full Legal Update see: Competition Bureau Publishes Updated Competitor Collaboration Guidelines.
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