June 14, 2010
The federal Competition Tribunal has announced that a date has been set for the Tribunal to hear motions for leave to intervene in the Competition Bureau’s abuse of dominance application against The Canadian Real Estate Association. Motions for leave to intervene will be heard in Ottawa on Wednesday, June 30, 2010. For more see: Competition Bureau – Notice of Application, Canadian Real Estate Association – Response,Competition Bureau – Reply. For the intervenors’ requests for leave to intervene see: Lawrence Mark Dale – Request for Leave to Intervene and National FSBO Network Inc. – Motion for Leave to Intervene.
June 14, 2010
OVERVIEW OF CANADIAN COMPETITION LAW
“The statute proceeds upon the footing that the preventing or lessening of competition is in itself an injury to the public. It is not concerned with public injury or public benefit from any other standpoint.”
(Howard Smith Paper Mills Ltd. v. The Queen, [1957] S.C.R. 403)
June 14, 2010
CONSPIRACY / CARTELS
Recent Speech by Canada’s Commissioner of Competition Indicates Tougher Enforcement Stance Against Criminal Cartels
In a recent speech by Canada’s new Commissioner of Competition to the Canadian Bar Association’s Spring Competition Law Conference, the Commissioner outlined some of the Competition Bureau’s current enforcement and policy priorities following the recent significant amendments to Canada’s competition law. The Commissioner’s remarks included a number of comments regarding the Competition Bureau’s (the “Bureau”) enforcement policy in relation to the new criminal conspiracy rules, enforcement priorities, the Bureau’s new sentencing and leniency policies and, of particular note, indicating that the Bureau wants to take a tougher stance against criminal cartels (including seeking increased penalties against individuals involved in criminal cartel conduct). For more see: Recent Speech by Canada’s Commissioner of Competition Indicates Tougher Enforcement Stance Against Criminal Cartels.
June 8, 2010
We are pleased to provide this global competition law update from our friends at the leading Singapore firm Rajah & Tann LLP.
June 7, 2010
In a recent speech by Canada’s new Commissioner of Competition to the Canadian Bar Association’s Spring Competition Law Conference, the Commissioner outlined some of the Competition Bureau’s current enforcement and policy priorities following the recent significant amendments to Canada’s competition law.
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.).
June 3, 2010
On June 2, 2010 the Competition Bureau (the “Bureau”) published its new Policy on Hostile Transactions (the “Hostile Bid Policy”). According to the Bureau, the Hostile Bid Policy “describes the Bureau’s general approach to communicating information to a bidder and target during the course [of a merger review by the Bureau].”
June 1, 2010
On May 24, 2010, the U.S. Supreme Court (“USSC”) delivered its opinion in the landmark American Needle antitrust case. In this important case, the USSC again visited the difficult question as to when an entity will be considered to be a single entity (as opposed to multiple entities) for the purposes of the application of Section 1 of the Sherman Act (Section 1 of the Sherman Act prohibits certain illegal restraints of trade and is the U.S. equivalent to the criminal conspiracy provisions under Section 45 of the Canadian Competition Act).
Templates/precedents and checklists to run promotional contests in Canada
Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)
