On November 27, 2023, the Federal Government passed a Notice of Ways and Means Motion to introduce a bill entitled An Act to implement certain provisions of the fall economic statement tabled in Parliament on November 21, 2023 and certain provisions of the budget tabled in Parliament on March 28, 2023, which was tabled on November 30, 2023 as Bill C-59 (the “Bill”). The Bill proposes amendments that implement some of the goals discussed in the 2023 Fall Economic Statement , including significant and far-reaching amendments to Canada’s Competition Act (the “Act”).Continue Reading Canada Proposes a Significant Expansion of Private Competition Litigation: the Breakdown and Takeaways
Significant amendments to Canada’s Competition Act (the “Act”) are now law. The amendments can be broken down into five categories: (i) abuse of dominance, (ii) criminal cartel and competitor collaborations, (iii) marketing and consumer protection, (iv) merger review and (v) evidence gathering. All amendments are currently in effect with the exception of the new offence for wage-fixing and no-poach agreements and the increased penalties under the existing criminal cartel provisions of the Act, which will come into effect on June 23, 2023.
Continue Reading Canada’s New Competition Act Amendments and Private Competition Litigation: Compliance Tips for Businesses Operating in Canada
As discussed in more detail in our prior blog post titled “Competition Bureau Recommendations to Strengthen the Competition Act”, in a continuing effort to ensure that Canada has an effective and impactful competition law framework, Senator Howard Wetston invited interested stakeholders to participate in a consultation to promote additional dialogue on the path forward for Canadian competition law. As part of this consultation, Senator Wetston received comments from more than 25 stakeholders, including a detailed submission from the Competition Bureau (the “Bureau”).
The Bureau’s submission includes 35 wide-ranging recommendations that, if implemented, would fundamentally reshape competition policy in Canada. To help businesses better understand the impact of these recommendations, we are releasing a series of blog posts discussing the recommendations on a topic-by-topic basis. This blog post is focussed on abuse of dominance.Continue Reading Competition Bureau Recommendations Regarding Abuse of Dominance
On July 1, 2021, the Competition Tribunal (the “Tribunal”) ruled that it does not have the power to issue “interim, interim orders” in the context of a proposed merger of two companies in the midstream infrastructure and environmental solutions space. Rather, the Tribunal found that, in the case of mergers, interim relief is limited to that expressly provided for by sections 100 and 104 of the Competition Act (the “Act”).Continue Reading Competition Tribunal Dismisses Request for Interim, Interim Order
Since the Supreme Court of Canada’s 2013 trilogy of decisions in Pro-Sys, Sun-Rype and Infineon, and its 2019 decision in Godfrey, plaintiffs have had considerable success certifying private antitrust/competition class actions in Canada. Recent amendments to Ontario’s class action legislation may change that trend. As discussed more fully below, the most significant amendment to Ontario’s class action legislation is to the preferable procedure portion of the certification test that currently requires plaintiffs to prove that a class action would be the “preferable procedure for the resolution of the common issues”. The preferability requirements now include superiority and predominance elements akin to US Federal Rules 23(b)(3). If interpreted like US Federal Rule 23(b)(3), certification judges will likely engage in a rigorous assessment of whether common questions of law or fact predominate over individual questions, which may, in turn, impair the certification of private antitrust/competition class actions.
- Amendments to the Class Proceedings Act
As discussed in a prior blog post, Ontario Bill 161 Smarter and Stronger Justice Act, 2020 received Royal Assent on July 8, 2020. Bill 161 is omnibus legislation that includes amendments to Ontario’s Class Proceedings Act, 1993 (the “CPA”). The amendments will apply to proposed class actions commenced after Bill 161 has been proclaimed in force. Bill 161 is not yet proclaimed into force but is expected to be so proclaimed soon in the future.
Continue Reading The New Preferability Requirements in Ontario’s Class Action Legislation: Implications for Private Antitrust/Competition Enforcement
Since the Supreme Court of Canada’s trilogy of decisions in Pro-Sys, Sun-Rype and Infineon, plaintiffs have had considerable success certifying private antitrust/competition class actions in Canada. The province of Ontario’s proposed changes to its class action legislation may change that trend.
On December 9, 2019, the Ontario government introduced Bill 161, the Smarter …