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
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
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
9/21/2022
/ Antitrust Division ,
Antitrust Provisions ,
Buy-Side Trading ,
Canada ,
Canadian Competition Act ,
Competition Authorities ,
Corporate Counsel ,
Employer Liability Issues ,
Hockey ,
Human Resources Professionals ,
No-Poaching ,
Price-Fixing ,
Wage-Fixing
Antitrust class actions have proliferated in Canada following the Supreme Court's 2013 "trilogy" of competition law decisions headlined by Pro-Sys Consultants Ltd. v. Microsoft Corp. Those decisions held that "indirect...more
The Supreme Court of Canada released a decision today regarding judicial intervention with jointly recommended criminal sentences following a guilty plea. The SCC adopted a high threshold which will be welcome news to those...more