Competition Chronicle

Competition Chronicle

Competition & Antitrust | Foreign Investment

Antonio Di Domenico

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The Canadian Competition Tribunal’s Jurisdiction: Broader Than You May Think

Posted in Competition Compliance Programs, Competition Litigation
The Canadian Competition Tribunal recently dismissed a jurisdictional challenge by HarperCollins to the Commissioner of Competition’s application for an order prohibiting the implementation of an alleged agreement between HarperCollins and other e-book publishers.  The Commissioner’s application is under section 90.1 of the Competition Act (“non-criminal agreements between competitors”).  It alleges, broadly speaking, that in 2010, HarperCollins… Continue Reading

CASL Private Right of Action Delayed Indefinitely

Posted in Competition Litigation, Marketing & Advertising
Citing the desire for a balanced approach to the needs of individuals and organizations under Canada’s anti-spam law, the Minister of Innovation, Science and Economic Development announced today that he is delaying indefinitely the coming into force of the private right of action provisions (section 51) in Canada’s anti-spam law (CASL). This important decision is welcome news… Continue Reading

New Private Right of Action in Canada for False or Misleading Electronic Advertising

Posted in Marketing & Advertising
This post has been prepared in collaboration with Chris Cole of Crowell & Moring law firm. Chris Cole is the Co-Chair of Crowell’s Advertising & Product Risk Management Group in Washington, D.C. In less than three months, Canada will introduce a private right of action arising from false or misleading representations made in electronic messages. These provisions target false… Continue Reading

CASL, the Competition Act and Class Actions:  A Primer for Forthcoming Private Enforcement

Posted in Competition Litigation, Marketing & Advertising
Now that 2017 has arrived, we are less than seven months away from private enforcement (particularly through class actions) for false or misleading electronic messages. CASL’s  amendments to the Competition Act sought to address deceptive marketing practices in the electronic marketplace. Three reviewable practices were created – all within section 74.011 of the Competition Act –… Continue Reading

Competition Bureau Conducts Internet Sweep Focusing on Online Reviews and Endorsements

Posted in Competition Compliance Programs, Marketing & Advertising
Online reviews and endorsements are a growing tool used by businesses to sell their products and services.  Last month, the Canadian Competition Bureau (with international partners) conducted a “sweep” of the internet targeting online reviews and endorsements. The sweep is identifying websites that use online reviews or endorsements as part of their business model.  The Bureau… Continue Reading

Defending Criminal Prosecutions and Class Action Litigation: An Increasingly Harmonized Defence Strategy

Posted in Cartels & Other Competition Criminal Matters, Competition Litigation
Recent developments in Canadian competition law have caused the defence of criminal prosecutions and class action litigation under the Competition Act to be increasingly intertwined. The most significant of these developments is the Supreme Court of Canada’s trilogy of decisions that make it easier for indirect purchasers to bring competition class action claims. The availability… Continue Reading

Individual Sentenced to Three Years in Prison for Violating Canada’s Corruption of Foreign Public Officials Act: Will There be a Formal CFPOA Leniency Program in Canada?

Posted in Cartels & Other Competition Criminal Matters, Competition Compliance Programs, Competition Litigation
On May 23, 2014, the first individual in Canada ever convicted of violating Canada’s Corruption of Foreign Public Officials Act (the “CFPOA”) was sentenced to three years in prison. The individual, Nazir Karigar, was convicted of offering or agreeing to bribe a foreign official in contravention of the CFPOA on August 15, 2013, following a… Continue Reading

Competition Bureau Releases Draft Price Maintenance Enforcement Guidelines

Posted in Abuse of Dominance, Competition Compliance Programs
On March 20, 2014, the Competition Bureau (the “Bureau”) released for public comment draft price maintenance enforcement guidelines. The draft guidelines are the Bureau’s first official statement regarding price maintenance since the decriminalization of price maintenance under the Competition Act (the “Act”). Through the decriminalization, the per se criminal offence was replaced with a civil… 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

Fourth “Auto Parts” Guilty Plea in Canada

Posted in Cartels & Other Competition Criminal Matters, Competition Compliance Programs
On January 30, 2014, a Japanese bearings manufacturer of motor vehicle components, NSK Ltd. (“NSK”) pleaded guilty to two counts of bid-rigging, in violation of subsection 47(2) of the Competition Act.  The guilty plea arises from NSK’s participation in an international bid-rigging conspiracy. NSK was fined $4.5 million. According to the Competition Bureau’s press release,… Continue Reading