Competition Chronicle

Competition Chronicle

Competition & Antitrust | Foreign Investment

Category Archives: Cartels & Other Competition Criminal Matters

Subscribe to Cartels & Other Competition Criminal Matters RSS Feed

Sixth Guilty Plea in Montreal Condo Development Bid Rigging Scheme

Posted in Cartels & Other Competition Criminal Matters, Competition Litigation
On October 27, 2017, Cardinal Ventilation Inc. was fined $375,000.00 after pleading guilty to one count of bid rigging related to three condominium development projects in Montreal. The contracts in question related to the supply and installation of ventilation and/or air conditioning systems in residential high-rise construction projects in the greater Montreal region. Cardinal Ventilation… Continue Reading

The Bicycles case: Silent tandem riders beware

Posted in Cartels & Other Competition Criminal Matters, Competition Litigation
  The passive attendee in meetings at which potentially collusive conduct takes place has recently been considered further and developed by the South African Competition Appeal Court in the ‘bicycles case’. Previously addressed by the South African Competition Tribunal in DPI Plastics Pipes (2012), the Tribunal concluded that an attendee simply cannot stay silent nor… Continue Reading

New Trial Ordered: Application of Co-Conspirators’ Exception to the Hearsay Rule at Issue in Price-Fixing Conspiracy Case

Posted in Cartels & Other Competition Criminal Matters, Competition Litigation
On September 9, 2016, the Quebec Court of Appeal (“QCCA”) issued its judgment in two gasoline price-fixing conspiracy cases. The cases were the product of the Competition Bureau’s (the “Bureau”) year-long investigation into the fixing of retail gasoline prices in the province of Quebec from April 2005 to May 2006. The three accused individuals in… Continue Reading

The Competition Bureau, Criminal Conspiracies and Making History

Posted in Cartels & Other Competition Criminal Matters
The Competition Bureau Continues to Make History in its Enforcement of the Criminal Conspiracy Provisions of the Competition Act For the second time in as many months, the Competition Bureau (the “Bureau”) has made an historic announcement about its efforts to enforce the criminal conspiracy provisions of the Competition Act (the “Act”). On July 20,… Continue Reading

Competition Bureau Releases its 2016-2017 Annual Plan

Posted in Cartels & Other Competition Criminal Matters, Marketing & Advertising
On July 28, 2016, the Competition Bureau (the “Bureau”) released its 2016-2017 Annual Plan, entitled “Strengthening Competition To Drive Innovation”. While this year’s Annual Plan ostensibly repackages both the Bureau’s 3-year Strategic Vision and its 2015-16 Annual Plan, it does contain a few notable developments. Indeed, the Bureau has introduced 10 new “areas of focus”… Continue Reading

Class Action Launched Against Banks for Alleged Price-Fixing Conspiracy in Foreign Exchange Market

Posted in Cartels & Other Competition Criminal Matters, Competition Litigation
On September 10, 2015, Christopher Staines filed a class action in the Ontario Superior Court of Justice against numerous banks for their role in an alleged conspiracy contrary to section 45 of the Competition Act (the “Act”). Staines claims, among other things, that the defendant banks had conspired, agreed and/or arranged with each other to… 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

Changes to the Government of Canada’s Procurement Policies

Posted in Cartels & Other Competition Criminal Matters, Competition Compliance Programs, Competition Litigation
On July 3, 2015, Public Works and Government Services Canada (PWGSC) announced a new government-wide integrity regime for procurement and real property transactions. While the spirit of PWGSC’s “Ineligibility and Suspension Policy” is consistent with previous iterations of the federal government’s procurement practices, the contents of this policy are notably different. Indeed, in an effort… Continue Reading

Charge to the Jury in R. v. Durward: Trial Judge Provides Guidance in Canadian Bid-Rigging and Federal Procurement Law

Posted in Cartels & Other Competition Criminal Matters, Competition Litigation
On April 26, 2015 the jury issued 60 “not guilty” verdicts for the six individuals and three corporations who stood accused in the 8 month long R v Durward trial. This case marks a milestone in Canadian bid-rigging trials; it is one of the largest proceedings of this nature to have ever occurred. It also… Continue Reading

Draft Update to Intellectual Property Enforcement Guidelines

Posted in Cartels & Other Competition Criminal Matters, Competition Compliance Programs, Competition Litigation, IP/Competition Interface
On June 9, 2015, the Competition Bureau (“the Bureau”) released, for public comment, an updated draft of its Intellectual Property Enforcement Guidelines (“the Guidelines”) proposing a number of substantive revisions. This update follows two earlier versions published in April 2014 and September 2014. The first two updates sought to address the 2009 amendments to the… Continue Reading

New Canadian Competition Prosecution Service?

Posted in Cartels & Other Competition Criminal Matters, Competition Compliance Programs, Competition Litigation
On May 26, 2015 NDP MP Annick Papillon introduced Bill C-681: An Act to Amend the Competition Act (Competition Prosecution Service). The timing of the Bill is interesting.  It follows on the heels of a major 8 month criminal bid-rigging trial (R. v. Durward, TPG, et al.). In that case, the jury rejected the Crown’s… Continue Reading

Important Lessons for Business from Fasken Martineau’s Recent Victory in a Major Criminal Bid-Rigging Trial

Posted in Cartels & Other Competition Criminal Matters, Competition Compliance Programs, Competition Litigation
On April 27, 2015, Peter Mantas and Pat McCann secured a victory in a major criminal bid-rigging trial. This communique will provide you with some further information about the trial including why it is important for companies that engage in any procurements and why it is precedent setting. In a dramatic conclusion to an eight month… Continue Reading

2014 South African Antitrust/Competition & Marketing Law Year in Review

Posted in Abuse of Dominance, Cartels & Other Competition Criminal Matters, Competition Compliance Programs, Competition Litigation, Merger Notification & Review
The year of 2014 marked the 15 year anniversary of the South African Competition Authorities. The year’s highlights included some important merger decisions, implementation of the Competition Commission’s powers in relation to market inquiries, development of the law prohibiting excessive pricing, the appointment of a new Commissioner and important clarification of regional merger control laws… 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

Memorandum of Understanding Between the Competition Bureau and the Ontario Securities Commission

Posted in Abuse of Dominance, Cartels & Other Competition Criminal Matters, Competition Compliance Programs, Competition Litigation, Foreign Investment, Merger Notification & Review, Monopolization, Trade Associations
On November 25, 2014, the Ontario Securities Commission (“OSC”) and the Competition Bureau (the “Bureau”, together with the OSC, the “Participants”) announced that they have signed a Memorandum of Understanding (the “MOU”), aimed at developing cooperation and effective delivery of each agency’s respective mandates. The MOU signifies the acknowledgment of the important relationship between the… Continue Reading

Competition Bureau Releases White Paper on Reverse-Payment Settlements

Posted in Cartels & Other Competition Criminal Matters, Competition Compliance Programs, Competition Litigation
On September 23, 2014, the Competition Bureau (the “Bureau”) released a white paper regarding reverse-payment settlements in pharma litigation, Patent Litigation Settlement Agreements:  A Canadian Perspective. According to the Bureau, the goal of the white paper is to provide background on Canada’s regulatory system governing generic entry, its applicable competition legislation, and the Bureau’s preliminary views… Continue Reading

Competition Bureau Publishes Draft Guidelines for the Production of Electronically Stored Information

Posted in Cartels & Other Competition Criminal Matters, Competition Compliance Programs, Competition Litigation
On August 26, 2014, the Competition Bureau (the “Bureau”) published draft Guidelines for the Production of Electronically Stored Information (the “Draft Guidelines”) for public consultation.  The Draft Guidelines sets out the Bureau’s preferred standard format for receiving electronically stored information during the course of an inquiry or investigation under the Competition Act (the “Act”), whether… Continue Reading

Competition Bureau Plans to Update its Information Bulletin on Corporate Compliance Programs

Posted in Abuse of Dominance, Cartels & Other Competition Criminal Matters, Competition Compliance Programs, Competition Litigation
On July 3, 2014, the Commissioner of Competition announced that changes to the Competition Bureau’s Corporate Compliance Programs Bulletin are planned.  The Bulletin was last amended in 2010 to address the 2009 and 2010 amendments to the Competition Act. Areas under consideration for updating include: the appropriate role of a company’s chief compliance officer; considering… Continue Reading

Section 69(2) of the Competition Act Ruled Unconstitutional in R. v. Durward, 2014 ONSC 4194

Posted in Cartels & Other Competition Criminal Matters, Competition Litigation
On June 27, 2013, Madam Justice B.B. Warkentin of the Ontario Superior Court of Justice held that section 69(2) of the Competition Act violates sections 7 and 11(d) of the Canadian Charter of Rights and Freedoms when applied in criminal proceedings. Section 69(2) establishes the following presumptions: actions taken by an agent of a participant… 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

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

Appointment of New Senior Deputy Commissioner of Competition

Posted in Abuse of Dominance, Cartels & Other Competition Criminal Matters, Competition Compliance Programs, Merger Notification & Review, Uncategorized
On June 5, 2014, Lisa Campbell was appointed to the position of Senior Deputy Commissioner of Competition of the Merger Branch of the Competition Bureau (the “Bureau”).  Ms. Campbell was mostly recently the Deputy Commissioner of the Fair Business Practices Branch of the Bureau.  A week later on June 12, 2014, Ms. Campbell gave a… 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 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