Lang Michener Competition & Marketing Brief Spring 2009


In this issue we review the fundamental changes to the Competition Act which came into effect on March 12, 2009.

These amendments materially alter the conspiracy law, which has been the basis of Canada’s competition law for 120 years. They also change the merger notification

provisions, add significant administrative monetary

penalties for abuse of dominant market position, repeal the price discrimination and predatory pricing criminal provisions, and provide for hugely enhanced penalties and

fines for misleading advertising.

Secondly, we discuss the recent Apotex case, which continues the Canadian courts’ exploration of the boundaries between competition and intellectual property laws.

Finally, we provide a summary and commentary with respect to the first Canadian case to award damages in a civil case for misleading advertising – Maritime Travel Inc. v. Go Travel

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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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