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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THE LITIGATOR – Review of Competition Law – April 2007

Contributors: Michael Osborne , Jennifer Cantwell, Kyle Peterson , Sonny Ingram, Michael Binetti, and Adam Wygodny

TOP STORIES

Appeal court revises test for abuse of dominant position
In identifying anti-competitive acts, one must ask whether the conduct had an intended predatory, exclusionary or disciplinary effect on a competitor, not on competition, the Federal Court of Appeal held in overturning the Tribunal’s 2005 finding that Canada Pipe’s rebate program was not anti-competitive….

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Pre-trial rulings in the Competition Bureau’s prosecution of David Stucky for an alleged lottery participations and prize promotions scam have held that the Bureau can share information obtained from search warrants with foreign competition authorities, and that public interest privilege cannot be established on a class basis.

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by Michael Osborne, Jennifer Cantwell, Paul Emerson, and Angela Yadav TOP STORIES Tread carefully when advertising “sale” prices: In January 2005, the Tribunal ruled that Sears Canada Inc. exaggerated savings in ads for tires. The “regular” prices advertised by Sears were not genuine and bona fide because Sears sold less than 2% of the tires [...]

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