The Litigator

Litigator

Compelling Commentary on Law Affecting Business

The Litigator
AGM :: Affleck Greene McMurtry LLP

THE LITIGATOR

Affleck Greene McMurtry LLP
365 Bay Street, Suite 200  ·  Toronto, Canada
416 360 2800  ·  info@agmlawyers.com  ·  www.thelitigator.ca

Third parties cannot challenge merits of competition settlements

Third parties cannot challenge underlying facts Third parties cannot challenge the factual basis underpinning settlements between the Commissioner of Competition and targets of inquiries under the Competition Act, the Competition Tribunal held recently. Challenges by third parties consent agreements are limited to Whether terms of the consent agreement are outside the scope of the type of orders that the Tribunal could issue Whether the consent agreement identifies the substantive elements of the relevant provision of the Competition Act and a statement that the target either agrees that each element has been met, or that the target does not contest the [...] Full article

Reynolds Free to Wrap Up Acquisition of NFP

Reynolds Consumer Products, Inc. acquisition of Novelis Foil Products North America Division (NFP) will not lessen or prevent competition substantially, the Competition Bureau concluded recently, even though NFP’s “Alcan” brand competes with Reynolds aluminum foil, and is the leading brand in Canada. Full article

Criminal Investigations and Cross Border Litigation Not A Bar to US Depositions

The Superior Court of Ontario recently granted an application for the enforcement of letters rogatory to take evidence of, and compel the production of documents by, two non- party Ontario residents in a consolidated multidistrict class action in the US. The Court held that the conditions for enforcement were met and, importantly, rejected the arguments of the Respondents to the application that permitting the examinations would violate the respondent’s rights against self-incrimination.... Full article

US Obtains First Ever Extradition from Canada on Antitrust Charges

Canadian businessman John Bennett will be extradited to the US face bid-rigging, fraud, conspiracy, and kick-back charges, the BC Court of Appeal held recently. The charges stem from a bid [...] Full article


Developments

Sale Of 14 Transcontinental Community Newspapers Approved

The Competition Bureau has approved the sale of 14 Transcontinental Media community newspapers.  Transcontinental Inc. [...]

Sixth auto parts fine brings total to over $51 million

DENSO Corporation recently pleaded guilty to three counts of bid-rigging under the Competition Act and [...]

Loblaws and Shoppers Divestitures Approved

The Competition Bureau has approved plans by Canadian grocery giant Loblaw Companies Limited to divest [...]

Transcontinental Agrees to Sell 34 Community Newspapers


More Developments

Competition Law Contributors

Michael Binetti

Michael Binetti

Affleck Greene McMurtry LLP

Michael Binetti, a partner of the firm, brings a proven litigation background plus extensive experience in arguing both trials and appeals. He has demonstrated his strategic legal capability and expertise in wide-ranging areas of litigation, including business and construction disputes, fraud, employment law, competition investigations, private competition actions, elections law and dealing with municipal and government regulators.

Contributor's Profile

Michelle E. Booth

Michelle E. Booth

Affleck Greene McMurtry LLP

Michelle's skills and practice expertise extend to commercial litigation, civil litigation, class actions, and employment, administrative and competition law.

Contributor's Profile

Masiel A. Matus

Masiel A. Matus

Affleck Greene McMurtry LLP

Masiel Matus consistently demonstrates strong knowledge and ability in the areas of commercial litigation, class action defence, employment and competition law. Masiel has provided diligent case management and litigation support in several complex litigation trials, making her a trusted and valued member of the Affleck Greene McMurtry LLP team.

Contributor's Profile

W. Michael G. Osborne

W. Michael G. Osborne

Affleck Greene McMurtry LLP

Michael is a respected and practised litigator who acts for and advises parties in a wide range of competition matters, a variety of commercial disputes, including contractual disputes, shareholders' disputes, commercial fraud, and employment matters, and also in administrative law and constitutional issues. Michael has been admitted as a Fellow of the Chartered Institute of Arbitrators (UK). Michael is a frequent contributor to newsletters published by the ABA's Anti-trust Section, The Litigator and often quoted by The Financial Post, The Lawyer's Weekly, Lexpert Magazine and other publications of interest to the legal community.

Contributor's Profile

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