On February 7, 2012, the Alberta Court of Queen’s Bench issued an important decision on the award of costs in private competition law civil actions under section 36 of the Competition Act. This case is the first reported decision regarding a party’s right to claim costs under section 36 of the Competition Act (see: 321665 Alberta Ltd. v. ExxonMobil Canada Ltd.).
In 321665 Alberta Ltd. v. ExxonMobil Canada Ltd., 2012 ABQB 76 (Alta. Q.B.), the Alberta Court of Queen’s Bench interpreted the plaintiff’s right in a successful upstream cartel case to recover costs in the action under section 36 of the Competition Act.
Section 36 of the Competition Act is the operative provision for commencing competition law private actions in Canada, which provides that private plaintiffs may sue for, among other things, violations of the criminal provisions of the Act (e.g., conspiracy agreements, bid-rigging, criminal misleading advertising) and recover actual loss or damage suffered, “together with any additional amount that the court may allow not exceeding the full cost to him of any investigation in connection with the matter and of proceedings under [section 36]”.
To date, however, it has not been clear what the scope of a plaintiff’s right was to recover the costs of bringing a private action under section 36.
The ABA International Antitrust Law Committee has published a new January 2012 newsletter entitled: “Hot Topics”, with an article on the economic aspects of MOFCOM’s review of Seagate’s acquisition of Samsung’s hard disc drive business (see: China Highlights Economic Analysis in Decision Approving Seagate Acquisition of Samsung HDD Business). The Committee’s “Hot Topics” series allows practitioners to opine on recent developments in their jurisdiction.
About the ABA International Antirust Law Committee:
“The Committee is an international network of antitrust practitioners and officials from many jurisdictions, including those with established and developing antitrust regimes. We provide a unique forum for practitioners and others with an interest in antitrust to learn about antitrust developments around the world as they happen, influence international antitrust policy and laws, and connect with an interesting and fun group of professionals from all corners of the globe.
During this 2011-2012 ABA year, we plan to build on our platform of award winning programs, publications and policy initiatives we have pursued in prior years. Our Committee’s success would not be possible without the energy, inspiration and involvement of our members and we welcome new suggestions and innovative ideas. As a member of this Committee, you will enjoy the unique opportunity to build your own network of antitrust colleagues around the world. One of the best aspects of the Committee is that we always encourage new faces, ideas and contributions; you can quickly become an integral part of what we do.”
The International Antitrust Law Committee also publishes an active listserve, annual Year-in-Review and an Essentials of Merger Review project, an ongoing Committee project that provides an online resource for practitioners to learn the “essentials of merger review” in key antitrust jurisdictions around the world. The Committee has posted reports for 40 jurisdictions
The Committee also reports that it intends to turn its Essential of Merger Review project in to a hard-copy publication and is starting a similar on-line project for country-by-country information on cartel investigations.
The Committee will be holding its Spring Meeting in New York from April 17 to April 21.
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The Interactive Advertising Bureau of Canada (IAB) will be holding a series of marketing courses across Canada in March and April 2012:
The Institute of Competition Law has launched the Antitrust Writing Awards 2012.
From the Institute of Competition Law:
“The Antitrust Writing Awards’ goal is to promote antitrust scholarship and competition advocacy by recognizing and awarding the best articles published in the antitrust law and law & economics fields in the last 12 months. The Awards feature two different categories of articles: Academic and Business. The Academic Articles category comprises articles published in academic journals, whereas the Business Articles category features articles published in professional magazines or newsletters. The articles are selected by a jury and by readers. The jury consist of a Board, an Academic and a Business Steering Committees composed of the leading academics and counsel. Readers contribute to the selection process by voting for articles. The Institute of Competition Law – the publisher of the Journal Concurrences and the e-Competitions Bulletin – and George Washington University Law School, are organizing these first of their kind Antitrust Writing Awards with the support of partners. The Awards ceremony will take place in Washington DC on 27 March 2012.”
Canadian Marketing Association – 2012 CMA Summit
MAY 16 – 17 2012
The Canadian Marketing Association (CMA) will be holding its 2012 Summit entitled Connections: Listen, Engage, Measure in Toronto from May 16 – 17 2012.
From the CMA:
“Marketing is about connecting. Connecting with consumers, connecting with customers, connecting with each other. The CMA Summit 2012 (formerly the CMA National Convention) is all about Connections. How these connections are made, maintained and measured.
Learn from world-class speakders (keynote and workshop), visionaries, tactical experts, leading-edge strategists and marketing miracle workers who will help you find your way in an ever-changing business environment. Give yourself the greatest advantage over your competitors knowledge!
Network with the who’s who of the marketing world. Make important business connections with clients, suppliers, competitors and peers. This summit brings the marketing world together in one convenient place!”
For more see:
Connections: Listen, Engage, Measure
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For more information about our regulatory law services contact: contact
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In an interesting story in the Montreal Gazette today, Douglas Quan reports that a Public Safety Canada study calls for “more independent oversight” to “combat bribery, extortion, collusive bidding and other illegal activities in Canada’s commercial construction industry”:
“’Every contractual link provides an opportunity for someone to pay a bribe in return for the award of the contract,’ the study said.
The corruption can take many forms. Contractors have been known to pay bribes in order to obtain a contract. Union officials have threatened work slowdowns unless contractors pay them money. Competing firms have entered into agreements where they share their bid prices with one another prior to bidding in order to pre-determine the winner and then the winning firm pays a kickback to the losing firm. Such corruption can lead to unsafe construction projects because they ‘fail to meet safety requirements as a result of fraud in building materials or the bribery of public inspectors,’ the study warned.”
The construction industry has long been the target of allegations and investigations by competition/antitrust regulators. For example, some of the construction related cases in Canada, many of which have also involved trade associations, have included building contractors, corrugated metal pipe manufacturers, electrical contractors, gypsum dealers and manufacturers, plumbing contractors, among many others.
Danilo Samà, from the European Commission, has launched a new competition policy website entitled Competition Policy News (www.competition-policy-news.com).
From Danilo Sama:
“Although its importance is continuously increasing, competition policy still seems to lack the attention it deserves. The ultimate object of Competition Policy News is therefore to contribute to the knowledge of this academic and professional field. The concept is straightforward: to exploit the powers offered by the social network Twitter to bring you up-to-date with all the latest news worldwide concerning competition policy which are released by authorities, economists, lawyers and universities.”
We wish them all the best with the new site.
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For more information about our regulatory law services contact: contact
For more regulatory law updates follow us on Twitter: @CanadaAttorney
The United States Department of Justice announced that it was closing its three investigations into Google Inc’s acquisition of Motorola Mobility Holdings Inc., the acquisitions by Apple Inc., Microsoft Corp. and RIM of certain Nortel patents, and the acquisition by Apple of certain Novell Inc. patents (see: Department of Justice Closes its Investigation of Google Inc.’s Acquisition of Motorola Mobility Holdings Inc.).
In making the announcement, the DoJ said:
“After a thorough review of the proposed transactions, the Antitrust Division has determined that each acquisition is unlikely to substantially lessen competition and has closed these three investigations. In all of the transactions, the division conducted an in-depth analysis into the potential ability and incentives of the acquiring firms to use the patents they proposed acquiring to foreclose competitors. In particular, the division focused on standard essential patents (SEPs) that Motorola Mobility and Nortel had committed to license to industry participants through their participation in standard-setting organizations (SSOs). The division’s investigations focused on whether the acquiring firms could use these patents to raise rivals’ costs or foreclose competition.
The division concluded that the specific transactions at issue are not likely to significantly change existing market dynamics.”
Templates/precedents and checklists to run promotional contests in Canada
Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)
