An Alberta court has held that a decision by joint operators of an oil field to sole source a contract constituted a conspiracy contrary to section 45 of the Competition Act, a criminal offence, and awarded damages to the company that lost out on the business.

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Doing business in the US can be very lucrative. But Canadian (and other foreign) companies and their executives that engage in corrupt practices there can expect to face serious penalties there.

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Review of all Canadian Competition Law developments over the pas year, plus some US developments, including: Mergers, Criminal, Private Actions, Reviewable Matters, Marketing Practices, The Long Arm of US Antitrust

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• Indirect purchasers cannot sue
• Damages no longer required?
• The wired and the wireless
• Winds of change
• Credit card rules challenged… priceless?
• Rebates, savings and gift cards

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The Federal Court has recently ruled that the discoverability rule does not apply to extend the limitation period applicable to private actions launched to recover damages caused by breaches of the Competition Act.

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AMPs have become widespread in administrative schemes in Canada because they fill a gap between traditional administrative and criminal enforcement tools. This paper explores the rationales that are behind the spread of AMPs in Canadian law. It outlines a number of AMP schemes in federal and provincial legislation. Finally, it discusses three issues that commonly arise in AMP proceedings: the availability of a due diligence defence, whether AMP provisions apply retrospectively, and interpretive difficulties raised by the novelty of language used in AMP provisions.

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