Many Canadian class actions alleging price fixing conspiracies are run parallel to similar US class actions. As a result, this handbook will be useful to Canadian lawyers seeking to understand how the US class action system deals with issues surrounding indirect purchasers.

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On May 10, 2007, the Supreme Court of Canada denied leave to appeal to Canada Pipe Company Ltd. to appeal from a decision of the Federal Court of Appeal that substantially revised the test to be applied in cases of abuse of dominance.

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Sears lost its bid to force suppliers of Dior and Givenchy cosmetics to keep supplying it when the Competition Tribunal denied it leave to bring an application under the Competition Act’s refusal to deal provisions in March 2007.

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Canada’s telecommunications industry is about to experience a massive shift from intrusive sectoral regulation to open markets. The Competition Bureau recently issued guidance on the application of the abuse of dominance provisions of the Competition Act to the telecommunications industry. Industry Minister Bernier has introduced legislation to provide for fines of up to $15 million against a telecommunications service provider found to have abused its dominant position. Mr. Bernier has also announced new rules that will accelerate deregulation of local telephone services.

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Only third parties experiencing a first hand impact on a right or serious interest relating to competition can challenge consent agreements, the Competition Tribunal ruled in Burns Lake Native Development Corporation v. Commissioner of Competition and West Fraser Timber Co. Ltd.

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