Archive for the 'Private Actions' Category
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.
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 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.
October 19, 2023
On October 19, 2023, Canada’s Competition Bureau (Bureau) released a new report of competitive intensity in Canada between 2000 and 2020 (see: Competition Bureau report finds Canada’s competitive intensity in decline).
June 24, 2023
On June 21, 2023, Canada’s federal Competition Bureau (Bureau) announced that Canada Bread had been sentenced by the Ontario Superior Court to a CDN $50 million fine after pleading guilty to fixing wholesale bread prices in Canada.
This recent Canadian criminal price-fixing fine is the highest price-fixing fine imposed by a Canadian court to date. For more information, see: Canada Bread sentenced to $50 million fine after pleading guilty to fixing wholesale bread prices (June 21, 2023). For more information about criminal price-fixing under the Competition Act in Canada, see: Conspiracy (Cartels).
May 15, 2023
Practical Law Canada Competition, of which I am Lawyer Editor, has published a new Legal Update that discusses the Competition Bureau’s new online Competition Compliance Portal, which replaces its former Corporate Compliance Programs Bulletin.
Below is an excerpt with a link to the full Legal Update.
**********
This Legal Update discusses the Competition Bureau’s (Bureau) new Compliance Portal, which updates its competition law compliance program guidance from its former Corporate Compliance Programs Bulletin. The Update discusses the Bureau’s new Compliance Portal, key changes from its former compliance program guidance and compliance implications for companies and other organizations that need to comply with Canadian competition laws.
May 3, 2023
On May 2, 2023, Canada’s Globe and Mail published an opinion by Canada’s Commissioner of Competition (Commissioner), Matthew Boswell, arguing that key Canadian consumer markets are highly concentrated and urging for another new round of Competition Act reform.
In this regard, in general, the Commissioner argues that Canada has had a long history of concentration and monopolization in key sectors, including transportation, telecom and banking, and that legislative reform has for the most part resisted increasing competition.
March 28, 2023
Practical Law Canada Competition, of which I am Lawyer Editor, has published a new Legal Update that discusses the Competition Bureau’s submission to the Canadian government in response to the government’s public consultation on amendments to the Competition Act.
Below is an excerpt with a link to the full Legal Update.
Templates/precedents and checklists to run promotional contests in Canada
Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)
