One of the functions that trade and professional associations often perform is to help “regulate” the business conduct of their members, often through the vehicle of “codes of ethics”. When properly applied, “self-regulation” of this type can protect consumers, reduce regulatory burdens for industry members, and enhance an industry’s reputation with government bodies and the…
General overview of the key merger control regimes in Canada Competition Act Canada’s Competition Act (the Act) authorises the Commissioner of Competition (the Commissioner) to challenge merger transactions that are likely to prevent or lessen competition substantially in a relevant market affecting Canada. The Commissioner heads the Competition Bureau (the Bureau) which is responsible for…
Canada’s Competition Bureau (the “Bureau”) has maintained its focus on trade and professional associations in 2014. This has involved not only various forms of prosecutions and proceedings but also initiatives in a growing part of the Bureau’s enforcement agenda: advocacy and compliance. A summary of 2014’s key developments is set out below. 1. The TREB…
Introduction With the exception of hard-core cartel conduct such as price-fixing and bid-rigging, Canadian competition law has de-emphasized in recent years the importance of pricing conduct as a source of anti-competitive harm. Thus, although the Canadian Competition Act historically contained a variety of criminal offences targeted at pricing conduct – price discrimination, predatory pricing, geographic…
I. INTRODUCTION Perhaps more than ever, tensions between suppliers and retailers have become the defining feature of the grocery industry worldwide. These tensions have also frequently formed the basis for interventions (or proposed interventions) by competition enforcement authorities in this sector. Canada is no exception to this global trend. The Canadian retail grocery industry is…
On February 11, 2014, the Canadian government included in its federal budget a proposed amendment to the Competition Act to prohibit unjustified price discrimination to reduce the gap between consumer prices in Canada and the United States. The Minister of Finance made clear that the Commissioner of Competition, the head of Canada’s Competition Bureau, would…
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…
