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Canada Price-Fixing

Bennett Jones LLP

Ontario Court of Appeal Affirms that Class Actions Cannot be Certified Without Evidence of Common Issues

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In Lilleyman v Bumble Bee Foods LLC, 2024 ONCA 606, the Ontario Court of Appeal affirmed the motion judge’s dismissal of certification for a class action alleging price-fixing of canned tuna. The Court unanimously affirmed...more

Morrison & Foerster LLP

Quarterly Cartel Catch-Up: 2024 Mid-Year Global Review

At the mid-year point, 2024 is shaping up to be an eventful year in cartel enforcement. In the United States, the U.S. Department of Justice (DOJ)’s Antitrust Division (Division) enjoyed two significant victories and finally...more

Stikeman Elliott LLP

Class Action Practice: 10 Highlights from 2023

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The arrival of 2024 marked the end of a year filled with class action activity. Our Litigation group in Toronto has prepared a list of some of the more notable cases (and other developments) of 2023, with a focus on Ontario....more

Bennett Jones LLP

Canada's Federal Court of Appeal Ends Debate on "Buy-Side" Conspiracies

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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

Stikeman Elliott LLP

Competition Act Amendments: A Data-Driven Perspective

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There has been significant and growing debate in recent times about the adequacy of Canadian competition laws. A package of amendments was passed in June 2022, and it is widely anticipated that the Canadian government will in...more

Stikeman Elliott LLP

Canada’s Competition Act Amendments: Making It Riskier to Compete on Price?

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One of the recent amendments to the Competition Act has the potential to seriously chill price competition by leading Canadian businesses....more

Stikeman Elliott LLP

Canada Pushes Through Competition Act Amendments

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The Government of Canada has now passed significant amendments to the Competition Act via its Budget Implementation Act, 2022, No. 1 (the “BIA”), which received Royal Assent on June 23, 2022. The inclusion of these changes in...more

Morrison & Foerster LLP

Quarterly Cartel Catch-Up: Recent Developments in Criminal Antitrust for Busy Corporate Counsel - Q1 2022

Since the last edition of the QCC, there has been a series of dramatic developments in the criminal antitrust enforcement space in the U.S. from the Department of Justice’s Antitrust Division (Division)....more

Bennett Jones LLP

Dismissal for Delay under Ontario’s Class Proceedings Act, 1992: Lamarche v Pacific Telescope Corp

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In January 2022, Justice Belobaba (one of four judges on the Toronto Class Actions List) dismissed an action for delay under section 29.1 of Ontario’s Class Proceedings Act, 1992. Justice Belobaba’s decision in Bourque v...more

Blake, Cassels & Graydon LLP

Competition Class Actions: The New Normal?

Competition class actions, an increasingly frequent occurrence, involve an alleged violation of the Competition Act’s criminal provisions related to conspiracies to fix prices, restrict output, allocate markets or practise...more

Bennett Jones LLP

Leave to the Supreme Court Denied: Latest on Pre-Certification Stays in Multijurisdictional Class Actions

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We previously discussed the Alberta Court of Appeal's decision in Ravvin v Canada Bread Company, Limited, 2020 ABCA 424, which arose out of an alleged packaged bread price-fixing conspiracy. Plaintiffs started class...more

Blake, Cassels & Graydon LLP

Le Bureau de la concurrence publie une mise à jour des Lignes directrices sur la collaboration entre concurrents

Le 6 mai 2021, le Bureau de la concurrence du Canada (le « Bureau ») a publié une mise à jour des Lignes directrices sur la collaboration entre concurrents (les « Lignes directrices »). Cette mise à jour fait état de...more

Blake, Cassels & Graydon LLP

Canadian Competition Bureau Releases Updated Competitor Collaboration Guidelines

On May 6, 2021, the Canadian Competition Bureau (Bureau) released an update to its Competitor Collaboration Guidelines (Guidelines). The updated Guidelines signal several key changes to the Bureau’s enforcement practices for...more

Smart & Biggar

2020 Highlights in Canadian Life Sciences IP and Regulatory Law

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In 2020, Rx IP Update reported on a number of developments in Canadian life sciences IP and regulatory law. We review top developments below: Table of Contents 1. COVID-19: CIPO, Federal Courts, Health Canada 2. PMPRB:...more

Bennett Jones LLP

Pre-Certification Stays in Multijurisdictional Class Actions: Ravvin v Canada Bread Company, Limited

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In the wake of COVID-19, which has strained already limited judicial resources, the Alberta Court of Appeal has issued a decision addressing the need for judicial economy and the avoidance of duplicative and overlapping...more

Blake, Cassels & Graydon LLP

Energy Industry: Competition Law in Canada

Canada’s abundant energy resources have played a central role in our country’s economic development and will continue to be extremely important to our prospects for growth and innovation in the future. Competition law...more

Smart & Biggar

2020 Mid-Year Highlights in Canadian Life Sciences IP and Regulatory Law

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In the first half of 2020, Rx IP Update reported on a number of developments in Canadian life sciences IP and regulatory law. We review the following top developments...more

Bennett Jones LLP

Ontario Superior Court Narrows Foreign Exchange Class Action

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The Ontario Superior Court's recent decision granting certification in a foreign exchange price-fixing class action (Mancinelli v. Royal Bank of Canada, 2020 ONSC 1646) reminds counsel and stakeholders of: (a) the relatively...more

Bennett Jones LLP

Defending an Abuse of Dominance Case after the Vancouver Airport Decision

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The Competition Tribunal has released extensive reasons for dismissing the abuse of dominance claim brought by Canada's Commissioner of Competition against the Vancouver Airport Authority. For future investigations and...more

Blake, Cassels & Graydon LLP

Supreme Court of Canada Clarifies Procedures for Class-Action Certification

On September 20, 2019, the Supreme Court of Canada (SCC) clarified several procedural questions regarding class-action certification in the case of Pioneer v. Godfrey. This ruling, which followed a trilogy of landmark...more

Smart & Biggar

Canadian Competition Bureau updates Intellectual Property Enforcement Guidelines

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Earlier this year, the Competition Bureau released its updated Intellectual Property Enforcement Guidelines. The Guidelines explain how the Bureau approaches the interface between competition policy and intellectual property...more

Blake, Cassels & Graydon LLP

Matthew Boswell Appointed as New Commissioner of Competition in Canada

On March 5, 2019, the Government of Canada appointed Matthew Boswell as Canada’s new Commissioner of Competition. Mr. Boswell most recently served as Interim Commissioner of Competition, and has previously served in various...more

Bennett Jones LLP

Supreme Court to Reconsider Fundamental Elements of Antitrust Class Actions

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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

Bennett Jones LLP

Court Refuses to Certify Canadian Price-Fixing Case

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For many years, it was next to impossible to certify a price-fixing class action in Canada. Today, certification is so common that refusals to certify are the rare exception. Ewert v Nippon Yusen Kabushiki Kaisha, 2017 BCSC...more

Bennett Jones LLP

Plaintiffs Can’t Depose Competition Bureau Investigator in Price-Fixing Class Action

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The Supreme Court of Canada held today that civil plaintiffs cannot examine for discovery (aka depose) a Competition Bureau investigator: Canada (Attorney General) v. Thouin, 2017 SCC 46....more

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