Archive for the 'Private Actions' Category
August 9, 2010
COMPETITION LAW PRIVATE ACTIONS
Significant changes have recently been made to the federal Competition Act (the “Act”) that impact private actions in Canada (making it easier for private plaintiffs to commence private actions under the Act’s criminal conspiracy provisions). At the same time, there have recently been several plaintiff-favourable class action decisions in Ontario and British Columbia that make it easier to certify competition law class actions. The combined result of these recent developments is that competition law private actions are now of more importance to plaintiffs seeking remedies for anti-competitive conduct under the Act. At the same time, there appears appears to be an increasing number of private and class actions currently being commenced in Canada.
August 7, 2010
In a decision late last month, the Supreme Court of British Columbia struck out Novus Entertainment’s claims against Shaw Cablesystems based on the abuse of dominance provisions of the Competition Act.
July 2, 2010
We are pleased to launch the innaugural first edition of our Canadian Business Law Update newsletter. Our Business Law Updates, online and in print to our clients, will provide Canadian business law updates in strategic areas of Canadian business law and Canadian competition/antitrust law.
June 18, 2010
We are delighted to announce the forthcoming new book that we are co-authoring on competition law and associations (trade and professional associations): The Competition Law Guide for Associations.
June 4, 2010
On June 3, 2010 the Supreme Court denied leave to appeal in the DRAMS price-fixing class action case (Infineon Technologies AG et al. v. Pro‑Sys Consultants Ltd.).
November 22, 2009
OVERVIEW
Significant changes have recently been made to the federal Competition Act (the “Act”) that impact competition law private actions under the Act. At the same time, there appears to be an increasing number of private and class actions currently being commenced in Canada. This trend may well continue as a result of some of the recent amendments, as well as several plaintiff favourable competition law class actions in British Columbia and Ontario.
November 22, 2009
Private parties have a limited right of “private access” under the Competition Act (the “Act”) to the Competition Tribunal (the “Tribunal”) to seek Tribunal orders for breach of certain reviewable matters provisions of the Act. Private access rights were introduced in 2002 to allow small and medium sized firms to challenge allegedly harmful conduct to their businesses under provisions which have not historically been enforcement priorities for the Competition Bureau (e.g., the refusal to deal provisions).
November 9, 2009
CANADIAN COMPETITION ACT AMENDMENTS
Earlier this year, sweeping amendments were made to Canada’s Competition Act (the “Act”). The recent amendments were the most significant in twenty-five years. While most of the changes are now in effect, some of the amendments, including to the criminal conspiracy provisions, will come into effect in March next year.