Competition Chronicle

Competition Chronicle

Competition & Antitrust | Foreign Investment

Category Archives: Cartels & Other Competition Criminal Matters

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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

When Does a Cartel End? – An Update from the South African Competition Appeal Court

Posted in Cartels & Other Competition Criminal Matters, Competition Litigation
Determining precisely when an anti-competitive practice ends has critical implications for the firms involved. Infractions of long duration attract larger fines and damages claims, whereas proving that an infringement stopped before expiry of a defined prescription period may provide a complete ‘time-bar’ defence, allowing the respondent firm to get off scott-free. The South African Competition… 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

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