Competition Chronicle

Competition Chronicle

Competition & Antitrust | Foreign Investment

Tag Archives: Competition

What Constitutes a Separate Product?

Posted in Competition Litigation
Tying occurs when a consumer buys one product (the “tying product”) and is required to either purchase an additional product that exists in a separate market (the “tied product”), or agrees not to purchase the additional tied product from any other seller.  Tied selling is only problematic where the practice is likely to have an… Continue Reading

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

Competition Bureau Releases Updated Consent Agreement Template for Merger Remedy Negotiations

Posted in Competition Litigation, Merger Notification & Review
On September 29, 2016, the Competition Bureau (the “Bureau”) released a revised consent agreement template for merger remedy negotiations. The release of the Bureau’s updated template is timely, as the number of consent agreements registered with the Competition Tribunal (the “Tribunal”) have risen significantly since the last template was published in 2007. This year alone,… 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