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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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…

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Ontario’s Court of Appeal upheld the trial decision in Drouillard v. Cogeco Cable Canada Inc. that held large cable operator Cogeco Cable liable for telling a cable subcontractor, Mastec Canada, that it would not allow its employee, Mr. Drouillard, to work on Cogeco equipment.

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Eli Lilly and Co. v. Apotex Inc. On November 2 2005, the Federal Court of Appeal held that where an agreement to assign a patent increases the assignee’s market power in excess of that inherent in the patent itself, the provision in the Patent Act (s. 50) allowing the assignment does not prevent the agreement [...]

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On January 9, 2006, fine paper distributors Cascades Fine Papers Group Inc., Domtar Inc. and Unisource Canada each pleaded guilty to two counts of conspiracy and were fined $12.5 million each, for a total of $37.5 million, for conspiring to fix the price for carbonless sheets.

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