The Canadian Competition Bureau (Bureau) raised concerns in its 2023 market study of the grocery sector about the use of competitor property controls (i.e., terms in commercial leases or covenants that run with the land) to...more
Just months after obtaining a record C$38.9-million penalty in the first fully contested drip pricing case in Canada, the Competition Bureau has initiated a new drip pricing case against Canada’s Wonderland Company, the...more
In June 2024, amendments to the Canadian Competition Act (Act) garnered significant attention (and criticism) from both business and legal communities in Canada for the introduction of new “greenwashing” provisions. The new...more
INTRODUCTION - Bilingual and Bi-Juridical - Canada is a bilingual, bi-juridical, and multi-cultural country, composed of 10 provinces and 3 territories. English and French are federally mandated official languages...more
For many years, defendants resisted certification of competition class actions primarily by arguing that determining harm to class members defied calculation—or, at least, defied those methods the plaintiffs typically...more
At the mid-year point, 2024 is shaping up to be an eventful year in cartel enforcement. In the United States, the U.S. Department of Justice (DOJ)’s Antitrust Division (Division) enjoyed two significant victories and finally...more
Parliament recently passed Bill C-59 (the Fall Economic Statement Implementation Act, 2023), which include important changes to Canada’s Competition Act, many of which are now in force. These amendments follow the already...more
The arrival of 2024 marked the end of a year filled with class action activity. Our Litigation group in Toronto has prepared a list of some of the more notable cases (and other developments) of 2023, with a focus on Ontario....more
Amendments to the Canadian Competition Act (Act), taking effect on June 23, 2023, will make it a criminal offence for unaffiliated employers to agree, conspire or arrange to: •“fix, maintain, decrease or control salaries,...more
Canadian employers in federally regulated industries (which include industries such as telecommunications, air/rail travel, and banking, among others) may want to note a number of recent and upcoming changes that will impact...more
Significance of Decision for Competition Law - - Transaction is the first merger to be fully contested by the Commissioner prior to closing. - The Tribunal and Federal Court of Appeal expedited their decisions,...more
When Bill C-19, Budget Implementation Act, 2022, No. 1 received Royal Assent in June 2022, it amended Canada’s Competition Act (Act) by including a new provision, s. 45(1.1), which comes into force on June 23, 2023. Section...more
Bilingual and Bi-Juridical - Canada is a bilingual, bi-juridical, and multicultural country, composed of 10 provinces and 3 territories. English and French are federally mandated official languages pursuant to the...more
On August 17, 2022, Canada's Federal Court of Appeal agreed with a growing consensus of lower courts that section 45 of the Competition Act does not apply to "buy-side" conspiracies, such as agreements between employers with...more
One of the recent amendments to the Competition Act has the potential to seriously chill price competition by leading Canadian businesses....more
On April 26, 2022, the Government of Canada revealed significant proposed amendments to the Competition Act (the Act) as part of the Budget Implementation Act, 2022, No. 1 (the BIA). As expected, these amendments have now...more
The Government of Canada has now passed significant amendments to the Competition Act via its Budget Implementation Act, 2022, No. 1 (the “BIA”), which received Royal Assent on June 23, 2022. The inclusion of these changes in...more
Significant amendments to Canada’s Competition Act (Act) were enacted on June 23, 2022, with the passing of the federal government’s 2022 budget implementation legislation. The amendments foreshadow more aggressive...more
On April 27, 2022, the Competition Bureau announced that it has reached a settlement agreement with NuvoCare Health Sciences Inc and its founder (collectively “NuvoCare”), who were found to have made marketing claims that...more
Since the last edition of the QCC, there has been a series of dramatic developments in the criminal antitrust enforcement space in the U.S. from the Department of Justice’s Antitrust Division (Division)....more
In August 2018, the Province of British Columbia (Province) commenced a class action on behalf of itself and other provincial and federal governments against approximately 50 pharmaceutical manufacturers, wholesalers, and...more
Delve into critical legal and regulatory developments with the Canadian Institute’s 28th Annual Advertising & Marketing Law conference taking place virtually on January 18 – 19, 2022 (EST). This is Canada’s most comprehensive...more
In a decision made public on 4 May, the Ontario Superior Court of Justice (the Court) determined that an asserted conspiracy claim concerning a price maintenance dispute should proceed to trial, despite Canada’s Competition...more