In a pair of decisions released the same day, Justice Katherine van Rensburg of the Ontario Superior Court of Justice became the first judge to consider the statutory remedy created under section 138.3 of the Ontario Securities Act (the “Act”) for shareholders of public companies who suffer damages from public company misrepresentations on the secondary securities market in documents such as annual financial statements and other public documents.

In the last two years, there have been no abuse of dominance cases and one contested merger case, which was dropped. Recently, however, amendments to the Competition Act transfer jurisdiction over some anti-competitive agreements and price maintenance to the Tribunal.

This article reviews the cases in the Tribunal over the last two years and the recent amendments to the Competition Act, as they affect practice in the Tribunal.

Contributors: Michael Osborne, Sonny Ingram, Sandra Monardo, Michelle Booth, Adam Wygodny, and Donna Wilson.

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Canada’s new competition law
Budget 2009 includes the most significant amendments to the Competition Act in a generation:
• A new “per se” conspiracy offence makes it illegal for competitors or potential competitors to fix prices, allocate markets, or control production of a product, even if there is no effect on competition…and more…

A proposed class action by purchasers of electronic goods containing DRAM memory chips would degenerate into a series of individual trials, the British Columbia Supreme Court has held in Pro-Sys Consultants Ltd. v. Infineon Technologies AG.2 Key issues, including whether the plaintiffs paid more because of price-fixing by manufacturers of the chips, could not be determined on a class-wide basis. The court thus refused to certify the action as a class proceeding.

What do hockey, chickens, and airlines have in common? They have all been the subject of recent private applications in the Competition Tribunal.

On April 11, the Tribunal refused leave to John Annable to bring a private application attacking multi-game ticket…