Archive for the 'Conspiracy' Category
July 14, 2022
On June 23, 2022, Bill C-19 (the Budget Implementation Act, 2022, No.1) received royal assent, introducing sweeping amendments to Canada’s federal Competition Act.
June 24, 2022
On June 23, 2022, Bill C-19 (Budget Implementation Act, 2022, No.1) received royal assent, introducing sweeping amendments to Canada’s federal Competition Act. The amendments include significant increases to the civil and criminal penalties under the Competition Act, new wage fixing and no poach offences, new prohibitions on drip pricing and expansion of private right of access to the Competition Tribunal (Tribunal) for abuse of dominance, among other things. Most of the amendments are now in force, with the amendments to the conspiracy provision (including the new wage fixing and no poaching offences) coming into force on June 23, 2023 to allow companies to adjust for the criminal conspiracy-related changes.
May 4, 2022
Practical Law Canada Competition, of which I am Lawyer Editor, published a new Legal Update that discusses sweeping proposed amendments to Canada’s Competition Act, R.S.C. 1985, c. C-34 (Competition Act) by the federal government. The proposed amendments include significant changes to the conspiracy, criminal and civil deceptive marketing, abuse of dominance, civil agreements and merger provisions of the Competition Act.
Below is an extract of Practical Law Canada’s new Legal Update with a link to the full Update.
March 23, 2022
Practical Law Canada Competition, of which I am Lawyer Editor, published a new Legal Update, which discusses recent conspiracy (cartel) law developments under sections 45 and 90.1 of the Competition Act. In particular, this Update discusses recent announcements made by the Competition Bureau, the federal Innovation, Science and Industry Minister and the Supreme Court of British Columbia’s decision in Pantusa v. Parkland Fuel Corporation, 2022 CarswellBC 519 (S.C.).
January 18, 2022
On January 17, 2021, Canada’s Competition Bureau (Bureau) announced that CPL Interiors Ltd. (CPL) was fined $761,967 after pleading guilty before the Ontario Superior Court for participating in a criminal bid-rigging conspiracy under Canada’s Competition Act.
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 26, 2021
Practical Law Canada Competition, of which I am a Lawyer Editor, has published a new Legal Update, which discusses a recent decision by the Federal Court to dismiss a motion for certification of a class action in relation to sections 45 and 46 of the Competition Act. Below is an excerpt with a link to the full Legal Update.
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This Legal Update discusses a decision by the Federal Court to dismiss a motion for certification of a class action in relation to sections 45 and 46 of the Competition Act, R.S.C. 1985, c. C-34. The Court dismissed the motion by holding that the plaintiffs failed to sufficiently prove the existence of an express or tacit conspiracy agreement between the defendants and, therefore, failed to disclose a reasonable cause of action or raise a common question of law or fact, which are essential to certify a class action under Rule 334.16(1) of the Federal Courts Rules, SOR/98-106.
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.
Templates/precedents and checklists to run promotional contests in Canada
Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)
