Discoverability, continuing effects, and Competition Act limitation periods

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In a recent decision, the Federal Court of Appeal left open the possibility that the discoverability principle may apply to the two-year limitation period established for private actions under section 36 of the Competition Act, but confirmed that the effects of a conspiracy are not a part of the offence and thus do not extend the limitation period. This decision has important implications for private actions under the Competition Act and possibly also for prosecutions of international conspiracies.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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