Competition Chronicle

Competition Chronicle

Competition & Antitrust | Foreign Investment

Category Archives: Pricing and Distribution

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Kobo’s Quest for Status Quo in the E-books Market: A Never Ending Story

Posted in Competition Litigation, Pricing and Distribution
On February 17, 2017, Toronto-based e-books retailer Rakuten Kobo Inc. (“Kobo”) sought judicial review of the consent agreements reached between the Commissioner of Competition (“Commissioner”) and three e-books publishers earlier this year. The consent agreements reached between the Commissioner and each of Hachette, Macmillan, and Simon & Schuster are aimed at resolving the Commissioner’s concerns… Continue Reading

Competition Bureau Issues “No Action” Letter Despite Likely Anti-Competitive Effects of Proposed Merger

Posted in Competition Litigation, Merger Notification & Review, Pricing and Distribution
Despite the fact that Canada’s Competition Bureau had concluded that the proposed acquisition of Canexus Corporation by Superior Plus Corp. would likely result in a substantial lessening of competition for the supply of various industrial chemical products in Canada, the Bureau issued a “no action” letter clearing the transaction under the Competition Act because of… Continue Reading

Moose Knuckles Responds to Competition Bureau’s Misleading Advertising Complaint

Posted in Competition Compliance Programs, Marketing & Advertising, Pricing and Distribution
Moose International Inc. has filed its response to the Competition Bureau’s recent allegations that Moose had, contrary to paragraph 74.01(1)(a) of the Competition Act, made materially false or misleading “made in Canada” representations with respect to its Moose Knuckles winter parkas. In its response, Moose has asked that the Competition Tribunal dismiss the Commissioner of… Continue Reading

Competition Bureau Knuckles Down on “Made in Canada” Claim

Posted in Competition Compliance Programs, Marketing & Advertising, Pricing and Distribution
The Competition Bureau recently announced that it had taken action under the Competition Act against Moose Knuckles, a Canadian-based manufacturer of premium winter jackets, for alleged deceptive marketing practices associated with its high-end parkas.  The Bureau’s application to the Competition Tribunal alleges that the jackets are marketed as “Made in Canada” when the winter apparel is… Continue Reading

Criminal Charges Suspended in One of Canada’s Longest Price-Fixing Investigations

Posted in Cartels & Other Competition Criminal Matters, Competition Litigation, Pricing and Distribution
The Competition Bureau (Bureau) announced yesterday that the Public Prosecution Service of Canada (PPSC) has entered a stay of proceedings against 4 key targets, in one of the Bureau’s most labour-intensive, criminal investigations to date. Indeed, following the Bureau’s 6-year investigation of alleged price-fixing in the chocolate confectionary industry, criminal proceedings against ITWAL Ltd., Mars… Continue Reading

The Sasol appeal – developing or dismissing excessive pricing law in South Africa?

Posted in Abuse of Dominance, Pricing and Distribution
On 17 June 2015, the Competition Appeal Court of South Africa (CAC) overturned the Competition Tribunal’s decision which found Sasol Chemical Industries Limited (Sasol) guilty of excessive pricing. The CAC’s judgment is thorough and the factual, legal, accounting and economic issues covered are complicated. Although redeeming for Sasol, the judgment may give rise to a number of significant… Continue Reading

Bill C-49, The Price Transparency Act: Less and More than Advertised

Posted in Cartels & Other Competition Criminal Matters, Competition Compliance Programs, Merger Notification & Review, Pricing and Distribution, Trade Associations
On December 9, 2014, Bill C-49, the Price Transparency Act, received first reading in the House of Commons. It proposes to amend the Competition Act in two respects.  First, it proposes price transparency measures, pursuant to which the Commissioner of Competition is (i) authorized to conduct inquiries to determine why a product or class of… Continue Reading

Competition Bureau Names New Deputy Commissioner of Competition, Competition Promotion Branch

Posted in Competition Compliance Programs, Foreign Investment, Marketing & Advertising, Monopolization, Pricing and Distribution, Trade Associations, Uncategorized
On October 3, 2014, the Commissioner of Competition (“Commissioner”) announced the appointment of Rambod Behboodi as the Deputy Commissioner of the Competition Promotion Branch – the new branch within the Competition Bureau (“Bureau”) that will be created as part of the Bureau’s realignment initiative, where its existing eight branches will be consolidated into four.  The… Continue Reading

The Sasol Decision – An Update on Excessive Pricing in South Africa

Posted in Competition Litigation, Pricing and Distribution
This note summarizes the recent decision of the South African Competition Tribunal, which found Sasol Chemical Industries guilty of excessive pricing. South Africa is one of the few competition law jurisdictions that actively pursues cases of ‘excessive pricing’ by dominant firms.  The Competition Commission had alleged that Sasol had charged domestic customers excessive prices for… Continue Reading

Commissioner of Competition’s Remarks at the 2014 Canadian Payments Association’s Payment Panorama

Posted in Cartels & Other Competition Criminal Matters, Competition Compliance Programs, Merger Notification & Review, Pricing and Distribution
On June 26, 2014, the Commissioner of Competition John Pecman gave a speech at the 2014 Canadian Payments Association’s Payment Panorama in Charlottetown, Prince Edward Island. Mr. Pecman reiterated many of the key issues and initiatives that the Competition Bureau (the “Bureau”) has been focusing on recently, such as the 2014-2015 Annual Plan, restructuring of the… Continue Reading

Competition Bureau Publishes 2014-2015 Annual Plan

Posted in Cartels & Other Competition Criminal Matters, Competition Compliance Programs, Merger Notification & Review, Pricing and Distribution
On May 5, 2014, the Competition Bureau published its inaugural “2014-2015 Annual Plan: Promoting Compliance for the Benefit of Canadian Consumers”, which briefly summarizes its activities in its 2013-2014 fiscal year and setting out its priorities for the coming year. Summary of Bureau Activities in 2013-2014 received 10 immunity and 11 leniency applications; executed 14… Continue Reading

Proposed Amendment to the Competition Act Respecting Unjustified Cross-Border Price Discrimination

Posted in Pricing and Distribution
Generally higher Canadian (compared to U.S.) retail prices have from time to time been a concern for Canadian consumers. This concern appeared to become more acute over the course of the last decade as the Canadian dollar moved more or less to parity with the U.S. dollar (although more recently the Canadian dollar has dipped… Continue Reading

2013 Canadian Antitrust/Competition & Marketing Law Year in Review

Posted in Abuse of Dominance, Cartels & Other Competition Criminal Matters, Competition Compliance Programs, Competition Litigation, Foreign Investment, IP/Competition Interface, Marketing & Advertising, Merger Notification & Review, Monopolization, Pricing and Distribution, Trade Associations
The principal Canadian competition law theme in 2013, as with the year before, was enforcement. Criminal enforcement in the areas of price-fixing, bid-rigging and misleading advertising continued with new guilty pleas against various companies and individuals (e.g. auto parts, air cargo, chocolate, real estate advisory services contracts, gasoline and retail multiple telemarketing schemes). The Competition… Continue Reading

2013 South African Antitrust/Competition & Marketing Law Year in Review

Posted in Abuse of Dominance, Cartels & Other Competition Criminal Matters, Competition Compliance Programs, Competition Litigation, Foreign Investment, IP/Competition Interface, Marketing & Advertising, Merger Notification & Review, Monopolization, Pricing and Distribution, Trade Associations
The year of 2013 provided further opportunity for development of South Africa’s competition policy, law and practice. The year’s highlights included the conclusion of the Competition Commission’s Fast Track Settlement  process involving bid rigging in the construction sector; some important merger decisions; developments in the law on pursuit of private damages; and clarity on numerous… Continue Reading