Archive for the 'Immunity Program' Category
December 3, 2020
Practical Law Canada Competition (of which I am Lawyer Editor) has published a new Legal Update, which discusses the Competition Bureau’s (Bureau) recent statement on no-poaching and wage-fixing agreements between competing employers. Such agreements have increasing been the subject of debate following U.S. enforcement in relation to tech company no-poaching agreements, enforcement guidance issued by the U.S. Department of Justice and Federal Trade Commission and, in Canada, questions including by Parliamentarians whether grocery chain decisions to cut employee wages violated the federal Competition Act. Contrary to the guidance issued by U.S. antitrust enforcement agencies, Canada’s Bureau has taken the narrower position that no-poaching and wage-fixing agreements between employers can be challenged civilly under section 90.1 of the Competition Act but not criminally under section 45 of the Act. Below is an excerpt with a link to the full Legal Update.
June 23, 2020
Practical Law Canada has published a New Legal Update, which discusses recent settlements of bid-rigging cases under section 47 of the Canadian Competition Act under the Act’s prohibition order section, which offers a number of advantages for settling parties. Below is an excerpt with a link to the full Legal Update at Practical Law.
February 1, 2020
A common question we receive, particularly from distributors and retailers, is whether refusals to sell or deal are illegal under Canada’s Competition Act. This question often arises in the context of a small to medium distributor or retailer who has been terminated from supply from a large brand or cannot obtain supply from a leading brand they want to distribute or sell. In Canada, in general, suppliers are free to determine whom to supply to and on what terms. Manufacturers and suppliers can also generally allocate exclusive sales or distribution territories (or impose re-sale restrictions on distributors or retailers). For more information, see Refusal to Deal.
January 15, 2020
One of the most common questions that we see and answer in our practice is whether price gouging is an offence under Canadian competition law (e.g., under the federal Competition Act). This question often arises in relation to gas prices or other high-impact consumer products (e.g., telecom/wireless services or grocery stores).
January 1, 2020
Competition law (or “antitrust law” as it is referred to in the United States) generally includes a range of local and federal legislation, case law and enforcement agency policies that restrict in part free markets aimed at preventing or regulating activities that prevent or substantially impact competition. In general, Canadian and international competition/antitrust laws are focused on protecting competition and not individual competitors.
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.
December 6, 2018
Practical Law Canada Competition has published a new Legal Update, which discusses a recent important Quebec Court of Appeal decision, in which the court increased the penalties in a municipal works bid-rigging case in Quebec. Below is an excerpt with a link to the full Update.
November 14, 2018
Practical Law Canada Competition has published a new Legal Update, which discusses a recent Ontario Superior Court case that considered informer privilege in the context of the Competition Bureau’s Immunity and Leniency Programs. Below is an excerpt with a link to the full Update.
Templates/precedents and checklists to run promotional contests in Canada
Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)
