The Competition Bureau garnered its first conviction under the amended conspiracy provision of the Competition Act yesterday, as Domfoam International Inc. and Valle Foam Industries (1995) Inc. plead guilty to conspiracy and were fined $12.5 million. The investigation into the price-fixing of polyurethane foam has been ongoing since February 2010 and received cooperation through both [...]

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On December 1, 2011, the Supreme Court of Canada agreed to hear appeals in two cases that raise the issue: can indirect purchasers sue to recover losses arising from a price fixing conspiracy?[i] This issue has bedevilled Canadian courts for years. Direct purchasers are purchasers who buy directly from the participants in a price fixing [...]

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An Alberta court has held that a decision by joint operators of an oil field to sole source a contract constituted a conspiracy contrary to section 45 of the Competition Act, a criminal offence, and awarded damages to the company that lost out on the business.

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Doing business in the US can be very lucrative. But Canadian (and other foreign) companies and their executives that engage in corrupt practices there can expect to face serious penalties there.

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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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