On February 3, 2014, the Federal Court of Appeal overturned the Competition Tribunal’s 2013 decision dismissing the Commissioner of Competition’s abuse of dominance allegations against the Toronto Real Estate Board (TREB) and referred the case back to the Tribunal. In so doing, the Court held that the Competition Act’s abuse of dominance provisions could potentially…

In our annual forecast of the year ahead for Canadian competition and foreign investment review law, the Davies Competition Law and Foreign Investment Group outlines the “Top 10” key issues and trends to watch for this year. 1. A Green Light for Class Actions by Indirect Purchasers The Supreme Court of Canada issued an important…

THE FOLLOWING CHECKLIST WAS AUTHORED BY LYUDMILA (LUDA) NAPOE, SENIOR COUNSEL, WM. WRIGLEY JR. COMPANY AND ERIKA DOUGLAS, DAVIES WARD PHILLIPS & VINEBERG LLP. THE VIEWS EXPRESSED HEREIN ARE THOSE OF THE INDIVIDUAL AUTHORS AND NOT OF THEIR RESPECTIVE ORGANIZATIONS. *********************************** Canada’s Competition Bureau, like other competition enforcement agencies, identifies “compliance audits” as one of…

Here is an item that I co-wrote with my colleague Stephane Eljarrat. ************************ When investigating cartel violations in Canada, the Competition Bureau’s tool of choice is the “search and seizure” (the Canadian equivalent of the “dawn raid” in Europe). The Bureau execises its search and seizure powers pursuant to judicially authorized warrants which it must…

1. Introduction The growing popularity of credit and other payment cards among consumers has been accompanied by an increase in the regulatory and legal scrutiny of the terms governing the availability and use of these cards. One focus of concern has been on whether “interchange fees” are set and administered by operators of card networks…

Note: On October 31, 2013, Canada’s Supreme Court issued important decisions regarding the scope of private claims for civil damages under the Competition Act. Below is a note prepared by Davies Ward Phillips & Vineberg on these decisions. ***************************************** In its first decisions in over 20 years addressing private competition law claims, and its first…

The Canadian Competition Act prohibits various types of anti-competitive agreements between competitors. For example, it is a criminal offence for competitors to fix prices, allocate markets, and/or restrict output. Civil proceedings can also be brought against competitors who enter into any other type of agreement that has the effect of substantially preventing or lessening competition….

Cartel enforcement in Canada is heavily dependent on the use of informants. This is explained by two principal factors. First, cartel conduct is, by its very nature, secretive and carried out in the shadows of business life. Second, Canada’s Competition Bureau, which is responsible for investigating cartels, is subject to budget constraints that limit its…

Here is an interesting note by my colleague John Bodrug (jbodrug@dwpv.com) on the collective bargaining exemption under Canada’s Competition Act. ************************************************ A current investigation by the Canadian Competition Bureau into alleged illegal agreements among several residential low rise concrete forming contractors in Toronto, Ontario includes allegations that some provisions in a collective agreement between the…

Here is an item on an important decision of Canada’s Competition Tribunal written by my partners George Addy, Sandra Forbes, John Bodrug and Jim Dinning. It is especially relevant for trade associations – Mark On April 15, 2013, the Canadian Competition Tribunal released its decision dismissing the Commissioner of Competition’s application against the Toronto Real…