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…
On 31 January 2013, the European Commission (DG Internal Market) published a Green Paper on unfair trading practices in the business-to-business food and non-food supply chain in Europe. One of the issues that the Green Paper deals with is the use by some suppliers of territorial supply constraints – described as impeding retailers’ ability to…
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…
Competition Law in Canada – Top 10 Issues for 2013 This is a post of an article written by my partners Anita Banicevic, Richard Elliott, Charles Tingley and me **************************************** 2012 was a busy year for competition law and policy in Canada. Below we consider how some of the important developments in 2012 will shape…
A NEW COMMISSIONER OF COMPETITION FOR CANADA The year just ended witnessed a changing of the guard at Canada’s Competition Bureau, with Melanie Aitken resigning as Commissioner of Competition in September 2012. Ms. Aitken was replaced on an interim basis by John Pecman, a seasoned Bureau veteran with over 28 years of enforcement experience. It…
The Goals of Antitrust in the Wake of Crisis Calls for a re-appreciation of competition policy have never ceased on both sides of the Atlantic. However, the current financial crisis has unsurprisingly provided a particular backdrop against which there has been increased willingness to discuss so-called “fundamental” issues both within as well as across different…
