Archive for the 'Conspiracy' Category
October 28, 2021
Practical Law Canada Competition, of which I am Lawyer Editor, has published a new Legal Update, which discusses a recent speech by the Commissioner of Competition calling for modernization of Canadian competition law. Below is an excerpt with a link to the full Legal Update.
August 19, 2021
The Competition Bureau (Bureau) recently began posting new Compliance Bootcamp compliance videos. In this regard, on August 19, 2021 the Bureau posted its Avoiding Business Collusion and Bid-rigging Compliance Bootcamp videos. These compliance videos set out guidance to avoid engaging in bid-rigging under section 47 of the Competition Act and conspiracy, and in particular price-fixing, under section 45 of the Act.
June 2, 2021
Practical Law Canada Competition (of which I am Lawyer Editor) has published a new Legal Update, which discusses an important new Federal Court of Canada decision that held that section 45 of the Competition Act, R.S.C. 1985, c. C-34 (Competition Act) does not apply to upstream agreements (that is, agreements between competitors in relation to the purchase of a product or service). The decision is consistent with an Alberta Court of Queen’s Bench decision and the Competition Bureau’s recently revised Competitor Collaboration Guidelines. This new decision also adds new jurisprudence under section 48 of the Competition Act (conspiracies relating to professional sport), which has seldom been considered by Canadian courts. Below is an excerpt with a link to the full Legal Update.
May 10, 2021
Practical Law Canada Competition (of which I am Lawyer Editor) has published a new Legal Update, which discusses the Competition Bureau’s updated Competitor Collaboration Guidelines (CCGs), which were issued on May 6, 2021. The Update includes key changes from the 2009 CCGs, implications for companies engaging in collaborations with competitors and related Practical Law Canada Competition resources. Below is an excerpt with a link to the full Legal Update.
March 22, 2021
Practical Law Canada Competition (of which I am Lawyer Editor) has published a new Legal Update, which discusses the Competition Bureau’s (Bureau) 2021 Fraud Prevention Month Priorities. The Update provides an overview of civil and criminal misleading advertising enforcement under the Competition Act, R.S.C. 1985, c. C-34, key Bureau deceptive marketing related enforcement and education priorities and implications for companies engaging in advertising and marketing in Canada. Below is an excerpt with a link to the full Legal Update. Below is an excerpt with a link to the full Legal Update.
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.
November 4, 2020
Practical Law Canada Competition (of which I am Lawyer Editor) has published a new Legal Update, which discusses highlights of the Commissioner of Competition’s address on October 21, 2020 at the Canadian Bar Association’s annual competition law conference, which took the form of an online symposium this year. The Commissioner focused on the Competition Bureau’s challenges and priorities during the COVID-19 pandemic. Below is an excerpt with a link to the full Legal Update.
August 10, 2020
Practical Law Canada has published a New Legal Update, which discusses the Competition Bureau’s revised Competitor Collaboration Guidelines. This Update includes an overview of sections 45 and 90.1 of the Competition Act, a summary of the Bureau’s key proposed changes and implications for collaborations between competitors.