Archive for the 'Conspiracy' Category
August 17, 2025
On August 14, 2025, Canada’s federal Competition Bureau (Bureau) announced that it had issued new guidance for companies and others to develop competition law compliance programs (see: “Develop a compliance program for your business in 10 easy steps!”).
In general, the Bureau has published on its Compliance Bootcamp web page videos describing competition law compliance programs, its recommended ten steps to develop a credible and effective compliance program and recommendations to comply with many of the core criminal and civil provisions of the Competition Act including abuse of dominance (sections 78 and 79), bid-rigging (section 47), deceptive marketing (under Parts VI and VII.1), exclusive dealing / tied selling / market restriction (section 77), mergers (Parts VIII and IX), price-fixing (section 45), refusal to deal (section 75), price maintenance (section 76) and wage-fixing and no-poaching agreements (section 45(1.1)).
June 26, 2025
On June 25, 2025, Canada’s Competition Bureau issued a News Release warning landlords and property managers not to engage in criminal conspiracy agreements under the federal Competition Act (see: Landlords and property managers: agreeing with competitors on rental prices is illegal).
In making the announcement, the Competition Bureau said:
“The Competition Bureau is aware that some landlords and property managers may be engaging with their competitors, including through discussion groups on social media.
While some discussions between competitors may be justified, others could be illegal. Landlords and property managers must understand the difference between conversations that are harmless and conversations that they should steer clear from.
Agreements between landlords to ‘make the most of the booming rental housing market’ or ‘find ways to ensure that all players benefit from the strong demand equally’ raise concerns under the law and could be illegal.”
The Competition Bureau cautioned real estate landlords and property managers that it was illegal under the conspiracy provisions of the Competition Act (section 45) to enter into agreements relating to rental prices (including increases or surcharges), the terms of leases (including amenities and services) or restricting the housing supply by artificially reducing the availability of rental units.
June 25, 2025
OVERVIEW OF JUNE 2024 AMENDMENTS
On June 20, 2024, Bill C-59 was passed (the Fall Economic Statement Implementation Act, 2023), which introduced the third of three significant rounds of amendments to Canada’s federal Competition Act in two years (together with Bill C-19 and Bill C-56). For more information, see: Competition Act Amendments.
The June 2024 round of amendments to the Competition Act completed a sweeping overhaul of the Competition Act across virtually all key provisions of Canada’s competition legislation. These amendments were also the most significant changes to Canadian competition law since the modern Competition Act came into effect in 1986 replacing the former Combines Investigation Act.
The Bill C-59 amendments, among other things, strengthened the Competition Bureau’s powers to enforce key deceptive marketing provisions of the Competition Act (e.g., relating to drip pricing, performance claims and ordinary selling price (OSP) claims), strengthened private party rights to seek Competition Tribunal remedies (e.g., for civil deceptive marketing and violations of the civil agreements provisions of the Act), introduced new penalties (e.g., administrative monetary penalties for violating the civil agreements provisions of the Act and for reprisal actions penalizing individuals for complying with the Act) and introduced a new clearance regime for environmental protection related agreements.
EXPANDED PRIVATE ACCESS RIGHTS
TO THE CANADIAN COMPETITION TRIBUNAL
As a result of the above amendments, as of June 20, 2025, following a one-year transition period, private parties are now able to commence private access applications under sections 90.1 (the civil agreements provision) and 74.1 (for civil deceptive marketing matters under Part VII.1 of the Competition Act). Previously, only the Competition Bureau could commence enforcement under these provisions of the Competition Act.
These expanded private access rights are in addition to existing private action rights (proceedings before the courts under section 36 of the Competition Act) and private access rights (applications commenced before the Competition Tribunal). For more information, see: Competition Bureau Enforcement.
July 9, 2024
OVERVIEW OF BILL C-59 AMENDMENTS
TO THE COMPETITION ACT
On June 20, 2024, Bill C-59 was passed, which introduced the third of three recent significant rounds of amendments to Canada’s federal Competition Act (together with amendments that were passed in June 2022 and December 2023).
June 20, 2024
On June 20, 2024, Bill C-59 was passed, introducing the second of two recent significant rounds of amendments to Canada’s federal Competition Act (the first round introduced by Bill C-56).
This new round of amendments to the Competition Act completes a sweeping overhaul of Canada’s Competition Act across virtually all key provisions of Canada’s competition legislation. These amendments are also the most significant changes to Canadian competition law since the modern Competition Act came into effect in 1986 replacing the former Combines Investigation Act.
December 16, 2023
On December 15, 2023, Bill C-56 (An Act to amend the Excise Tax Act and the Competition Act), which introduced the first of two significant new rounds of amendments to the federal Competition Act, largely came into force.
December 21, 2023
Practical Law Canada, Competition, of which I am Lawyer Editor, published a new Legal Update, which discusses the recent amendments to the Competition Act, R.S.C., 1985, c. C-34, enacted by Bill C-56, An Act to amend the Excise Tax Act and the Competition Act, S.C. 2023, c. 31. This Update includes a discussion of the key amendments, including to the abuse of dominance, merger and civil agreements provisions of the Competition Act, as well as implications for Competition Bureau and private enforcement and compliance risk.
Below is an extract of the new Legal Update with a link to the full Update.
December 16, 2023
On December 15, 2023, significant amendments to Canada’s federal Competition Act were passed, including important changes to Canada’s abuse of dominance (federal monopoly) law. This post discusses the December 2023 amendments in general and the key changes to the abuse of dominance provisions of the Competition Act in particular under sections 78 and 79.
Templates/precedents and checklists to run promotional contests in Canada
Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)
