Michelle Lally

Michelle Lally

Osler, Hoskin & Harcourt LLP

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Competition Bureau Emphasizes Proactive Approach to Fostering a Culture of Compliance and Managing Competition Law Risk

Violations of Canada’s Competition Act expose businesses and their directors, officers and employees to significant fines, possible imprisonment and private actions (on an individual or class basis) for substantial monetary...more

10/17/2014 - Canada Chief Compliance Officers Competition Act Risk Management

Competition Bureau Signals Increased Scrutiny of Patent Litigation Settlement Agreements

Patent litigation settlement agreements took centre stage in a speech by the Commissioner of Competition (Commissioner) and related White Paper – Patent Litigation Settlement Agreements: A Canadian Perspective – issued by the...more

10/1/2014 - Canada Competition Act Legislative Agendas Patent Litigation Patents Settlement

Competition Bureau Releases Draft Updated Intellectual Property Enforcement Guidelines

On April 2, 2014, the Competition Bureau (Bureau) released draft updated Intellectual Property Enforcement Guidelines (Revised IPEGs) for a 60-day consultation period. The Revised IPEGs principally reflect the amendments to...more

4/15/2014 - Canadian Intellectual Property Office Competition Competition Act Enforcement Guidance FTC SCOTUS

Competition Bureau Releases Consultation Draft of Price Maintenance Enforcement Guidelines

On March 20, 2014, the Competition Bureau (Bureau) released for public comment draft enforcement guidelines on the price maintenance provisions found in section 76 of the Competition Act (Draft Guidelines). The Draft...more

4/4/2014 - Canada Competition Act

Court Orders Rogers to Pay $500,000 Competition Act Penalty and Provides Guidance on Remedies

On February 24, 2014, the Ontario Superior Court of Justice released its decision regarding remedies in Canada (Commissioner of Competition) v. Chatr Wireless Inc. The Court’s decision provides important judicial guidance on...more

3/3/2014 - Canada Competition Act Remedies

2014 Federal Budget: Announcing a New Foray into Price Regulation for the Commissioner of Competition?

Minister Flaherty has once again proven that the Competition Act is vulnerable to politically expedient amendments developed to respond to perceived exploitative conduct. Following on statements in the 2013 Throne Speech,...more

2/14/2014 - Canada Competition Price-Fixing

Toronto Real Estate Board Heads Back to the Competition Tribunal

On February 3, 2013, the Federal Court of Appeal released a significant ruling that reversed the Competition Tribunal’s earlier finding that the abuse of dominance provisions of the Competition Act do not apply to the Toronto...more

2/5/2014 - Abuse of Dominance Canada Real Estate Market

Voluntary Restitution Programs and Class Action Exposure: Lessons from the Hyundai/Kia Consumer Class Action Settlements

In many misleading advertising and consumer protection cases, a company that discovers a regulatory breach will self-report to the Competition Bureau or other law enforcement agencies, and implement a voluntary compensation...more

2/4/2014 - Class Action Employer Liability Issues Hyundai Kia Restitution

Canadian Government Rejects Accelero–Allstream Deal on National Security Grounds

On October 7, 2013, Minister of Industry James Moore announced that the “Government of Canada has concluded its review of Accelero Capital Holdings’ proposed acquisition of the Allstream division of Manitoba Telecom Services...more

10/11/2013 - Blackberry Canada Foreign Investment Investment Canada Act Investors National Security Telecommunications

U.S. Supreme Court Holds That “Reverse Payment” Patent Litigation Settlements Are Not Immune from Antitrust Review

In a significant ruling involving both intellectual property rights and competition policy, the Supreme Court of the United States held in a 5–3 decision issued on June 17 that patent litigation settlements involving “reverse...more

6/19/2013 - Actavis Inc. FTC FTC v Actavis Generic Drugs Pay-For-Delay Pharmaceutical Prescription Drugs Reverse Payment Settlement Agreements SCOTUS Settlement

Proposed Amendments to Investment Canada Act Capture Control-in-Fact Investments by State-Owned Enterprises

On April 29, 2013, the Federal Government introduced its 2013 budget implementation bill, Bill C-60,1 which would also implement announcements made by the Federal Government on December 7, 2012 concerning investments by...more

5/2/2013 - Canada Foreign Investment National Security Proposed Amendments State-Owned Enterprises

Competition Bureau Imposes Record-Setting Bid-Rigging Fines, but Jurisdictional Questions Remain

In cases heard barely two weeks apart, Canada’s Competition Bureau obtained record-setting fines against two Japanese auto parts suppliers that pleaded guilty to bid-rigging charges. Although these significant penalties...more

4/23/2013 - Bid Rigging Canada Competition Fines Jurisdiction

Competition Tribunal Dismisses Commissioner’s Application Against TREB and Confirms That Abuse of Dominance Applies Only When...

In an unexpectedly brief decision dated April 15, 2013, the Competition Tribunal dismissed the Commissioner of Competition’s application challenging certain practices of the Toronto Real Estate Board (TREB) under the abuse of...more

4/19/2013 - Abuse of Dominance Anti-Competitive Applications Canada Competition Dismissals

Industry Canada Makes Significant Announcements Impacting the Wireless Industry

On March 7, 2013, Industry Minister Christian Paradis made a number of significant announcements impacting the wireless industry in Canada “to increase competition in the wireless sector, providing Canadians with more choices...more

3/8/2013 - Auction Competition Licenses Mobile Devices Spectrum Wireless Industry

Supreme Court Tightens Conspiracy Liability Rules: Implications for Antitrust Criminal Cases

On March 1, 2013, the Supreme Court of Canada released an important ruling on the scope of criminal conspiracy in Canada and significantly restricted the “party liability” rules for conspiracy offences. This decision could...more

3/7/2013 - Conspiracies Murder Party Liability Rule

New Rules for Foreign Investment by State-Owned Enterprises - Do They Strike the Right Balance?

On December 7, 2012 the federal government announced its approval of both Malaysian-controlled PETRONAS’ proposed $6 billion acquisition of Progress Energy Resources Corp. (“Progress”) and China National Offshore Oil...more

12/10/2012 - Investment Canada Act Nexen PETRONAS State-Owned Enterprises

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