Archive for the 'Private Actions' Category
January 31, 2023
Practical Law Canada Competition, of which I am Lawyer Editor, has published a new Legal Update that discusses new proposed Competition Bureau guidelines on wage fixing and no-poaching agreements under section 45 of the Canadian Competition Act.
Below is an excerpt with a link to the full Legal Update.
November 30, 2022
On November 17, 2022, Canada’s federal Minister of Innovation, Science and Industry (the “Minister”) released a Statement from Minister Champagne on the launch of the Competition Act review (the “Statement”), which discusses a comprehensive review of potential fundamental changes to improve and reinforce Canada’s federal Competition Act.
October 31, 2022
Practical Law Canada Competition, of which I am Lawyer Editor, published a new Legal Update that discusses two recent class action related decisions by the British Columbia Supreme Court (BCSC) where territorial jurisdiction was challenged in relation to, among other things, violations of the conspiracy and deceptive marketing provisions of the Competition Act. In both cases, the BCSC found that the plaintiffs had satisfied the requirements to establish a real and substantial connection between British Columbia and the facts pleaded against the defendants pursuant to section 3 of the Court Jurisdiction and Proceedings Transfer Act and based on prior jurisdiction-related case law.
Below is an excerpt with a link to the full Legal Update.
February 11, 2022
On February 8, 2022, Canada’s Competition Bureau released a submission entitled Examining the Canadian Competition Act in the Digital Era in response to Senator Howard Wetston’s invitation to comment on Canada’s competition policy framework.
The Bureau’s submission includes sweeping recommendations to amend many of the core provisions of the Competition Act, including its purpose (section 1.1) and its abuse of dominance (sections 78 and 79), civil agreements (section 90.1), conspiracy (cartels) (section 45), bid-rigging (section 47) and criminal and civil deceptive marketing (section 52 and 74.01) provisions. The last major legislative overhaul of Canada’s Competition Act was in 2009 (see: Amendments).
January 10, 2022
Practical Law Canada Competition, of which I am Lawyer Editor, published a new Legal Update, which discusses the Ontario Superior Court of Justice’s decision to partially certify a class action in relation to sections 45 and 46 of the Competition Act for packaged bread in Canada. Below is an excerpt with a link to Practical Law’s full Legal Update.
November 15, 2021
The Supreme Court of British Columbia recently declined to certify a proposed class action claim based on section 45 of Canada’s federal Competition Act (criminal conspiracy offences) on the basis that section 45 only applies to downstream (i.e., sell-side) agreements between competitors and not to the upstream (i.e., buy-side agreements) Tim Hortons franchise agreements being challenged in this case.
June 2, 2021
Practical Law Canada Competition (of which I am Lawyer Editor) has published a new Legal Update, which discusses an important new Federal Court of Canada decision that held that section 45 of the Competition Act, R.S.C. 1985, c. C-34 (Competition Act) does not apply to upstream agreements (that is, agreements between competitors in relation to the purchase of a product or service). The decision is consistent with an Alberta Court of Queen’s Bench decision and the Competition Bureau’s recently revised Competitor Collaboration Guidelines. This new decision also adds new jurisprudence under section 48 of the Competition Act (conspiracies relating to professional sport), which has seldom been considered by Canadian courts. Below is an excerpt with a link to the full Legal Update.
August 22, 2019
Practical Law Canada has published a New Legal Update, which discusses key requirements of competition law compliance programs in Canada, in light of the U.S. Department of Justice’s recent shift to align its approach to recognizing compliance programs with Canada. Below is an excerpt with a link to the full Legal Update at Practical Law.
Templates/precedents and checklists to run promotional contests in Canada
Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)
