competition law


  • Supreme Court declines leave to appeal in TREB case

    Supreme Court declines leave to appeal in TREB case

    Sep 17, 2018

    In August, the Supreme Court of Canada dismissed leave to appeal in the case of the Toronto Real Estate Board in its dispute with the competition commisioner, a case that touches on the intersection of competition law and privacy.

  • Carriage of price-fixing class action awarded

    Carriage of price-fixing class action awarded

    Mar 12, 2018

    An Ontario judge has awarded carriage of a proposed class action against bread sellers for an alleged price-fixing scheme to a consortium led by Strosberg Sasso Sutts LLP.

  • LTB issues

    Mar 12, 2018

    Paralegal James Moak has brought a court application in the Ontario Superior Court to try to stop property managers who are not licensed to practise law from providing legal services at the Ontario Landlord and Tenant Board.

  • Kobo decision gives clarity to bureau’s reach

    Kobo decision gives clarity to bureau’s reach

    Feb 12, 2018

    The Federal Court recently dismissed an application by e-reader maker Rakuten Kobo Inc. to quash consent agreements that the Competition Bureau entered into with three publishers regarding allegations about a conspiracy in the United States in the e-book market.

  • Can Competition Act address Big Data cases?

    Can Competition Act address Big Data cases?

    Sep 18, 2017

    The TREB decision is being appealed to the Federal Court of Appeal. Osborne says that, 20 years ago with Nielsen, the issue was an exclusive relationship to collect the data, whereas the TREB decision deals with who can use that data and who can have access to it. The fact that the bureau recently dropped an investigation of Google regarding abuse of dominance — a practice where a major market player uses its position to exclude other players — saying that it concluded that such an action could not proceed may be a factor in why it has decided to issue a white paper on Big Data.

  • Canada’s role in mega-deals increasingly important

    Canada’s role in mega-deals increasingly important

    Sep 18, 2017

    Canada’s influence in mega-deals is becoming increasingly important in getting the deal done and continues to position the country as a strategic asset in an increasingly global marketplace. If companies have assets located in Canada or business conducted in Canada that meets a threshold, they must co-operate not only with Canada’s Competition Bureau but also with any other jurisdiction that would have authority over the deal.

  • Leniency and immunity programs to be reviewed

    Leniency and immunity programs to be reviewed

    Sep 18, 2017

    The Competition Bureau has announced its plans to review its leniency and immunity programs this year. Lawyers say any proposed changes need to walk a fine balance, lest they discourage anyone from coming forward to offer information needed to build cases. “The proposed changes that the bureau is looking at are a pretty big deal in the enforcement and administration of the criminal conspiracy provisions of the Competition Act,” says Subrata Bhattacharjee, partner with Borden Ladner Gervais LLP in Toronto.

  • Barriers to private actions deemed too high

    Barriers to private actions deemed too high

    Sep 18, 2017

    While the Competition Act allows for private actions at the Competition Tribunal in limited circumstances, it’s a provision that has seen little take-up, in part because of the high bar that was set in order for those actions to go ahead. Competition lawyers say it makes sense to make it easier to start more private actions. “You’re dealing with a Competition Bureau that is resource-restrained — they’re not going to bring every case that comes to them by way of a complaint,” says Nikiforos Iatrou, partner with WeirFoulds LLP in Toronto.

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