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The Litigator
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Michael Binetti quoted in Global Competition Review article “Boswell: ‘It’s time to make competition a priority'”

Michael Binetti, a partner with Affleck Greene McMurtry LLP, was quoted in the GCR (Global Competition Review) article “Boswell: ‘It’s time to make competition a priority‘” detailing Canada’s Commissioner of Competition, Matthew Boswell’s call for an extensive review of the Competition Act.

Michael is quoted in the article:

Michael Binetti, a managing partner at Affleck Greene McMurtry in Toronto, said the commissioner’s concerns around the efficiencies defence are likely a case of “be careful of what you wish for”.

That defence, which has been under discussion since the late 1960s, was intended in part to create “made-in-Canada champions” that could compete on the world stage, he explained. But today, he said it is creating “more and more Canada-only giants that are sometimes acknowledged to hurt Canadian consumers”.

Once the defence is invoked, Binetti said it is very difficult for the Competition Bureau to overcome in the early stages of litigation. A legislative amendment is likely the only way to bring this to an end, he said.

Binetti also said Boswell “flagged what many have been saying for a while” about the absence of private enforcement tools to deter anticompetitive behaviour such as abuse of dominance.

“There is a specialised tribunal and a sophisticated bar who can handle these cases, which happens in other countries,” he noted. “It is time to permit these types of cases to proceed.”

About Affleck Greene McMurtry LLP

AGM lawyers advise businesses on compliance with the Competition Act, defend businesses targeted by Competition Bureau investigations and class actions, and assist businesses in obtaining clearance for mergers. We frequently act in Canada on multijurisdictional cartel and class action cases in collaboration with firms around the world.