Competition / Antitrust
Our Group
Unlike antitrust legislation in other jurisdictions, Canada’s Competition Act is a broad collection of assorted consumer protection measures covering specific offences, reviewable practices and procedural issues.
Our Competition Law Group has extensive experience covering the full scope of Canadian law. We are highly regarded for providing comprehensive and practical advice to businesses of all sizes for any situation affecting a client’s position under the Act.
Our lawyers have been involved in national and international mergers, Competition Bureau investigations, prosecution defence and civil suits, such as class actions. They are also skilled in developing pro-active compliance programs designed to prevent contravention of the law.
Our Clients
Clients span a range of industries, including transportation, chemicals, food additives, construction materials, office supplies, retail products, pharmaceuticals, electricity, oil and gas, pipelines, real estate and waste management, among others.
Our Expertise
Mergers and Acquisitions: Our lawyers regularly provide advice on the Competition Act and the Investment Canada Act’s requirements for proposed mergers, acquisitions and other transactions. Through the years they have successfully assisted clients from various industries in obtaining approvals of controversial mergers.
Litigation: Our litigation work includes competition law claims in both government prosecutions and civil actions related to alleged price fixing, price discrimination, refusals to deal, abuse of dominant position, exclusive dealing and misrepresentations in advertising.
Investigations and Prosecutions: The investigation and criminal prosecution of domestic and international cartels is now conducted simultaneously in multiple jurisdictions through multilateral co-operation treaties. Close collaboration among the respective law firms representing a corporation around the world is essential. Our lawyers are very comfortable co-ordinating multi-jurisdictional teams and have years of experience developing effective domestic and international strategies to seek immunity from prosecution or reduced penalties for early co-operation with authorities.
In addition to cartels, a strong focus of law enforcement is on misleading representations. Our Group has significant experience assisting clients in responding to such investigations.
Individual and Class Actions: When representing clients in criminal investigations, prosecutions and immunity negotiations, the probability of a class action must be considered. Our litigators have successfully represented clients in defending class actions and individual purchaser claims based upon breaches of the cartel provisions of the Act. They have successfully shown our clients that effective negotiations with prosecutors can reduce liability and facilitate a favourable settlement of any such action.
Distribution and Pricing: Our Group frequently advises clients on issues arising out of pricing practices and licensing, distribution and franchising arrangements, such as the lawfulness of business agreements, resale price requirements, price discrimination, exclusive dealing, tied selling and other market issues.
Marketing and Advertising: We have a proven track record advising and representing clients in every aspect of their marketing practices, including packaging and labeling, advertising, telemarketing, contests and promotions.
Multi-Level Marketing: There are special provisions in the Competition Act and a complex body of jurisprudence and administrative practices governing the activities of multi-level marketing firms in Canada. Our reputation is second to none in advising such firms on compliance issues.
Protection of Intellectual Property: In response to growing concerns about the competitive abuse of intellectual property rights, we have enhanced our Group with the addition of lawyers thoroughly versed in the area of intellectual property, including patents, trade-marks, copyrights and industrial designs.
Tailored Compliance Programs: One hallmark of our Group is an emphasis on the development of pro-active compliance programs to prevent breaches of the law. These customized programs, once implemented by a corporation, can be an important part of a corporation’s governance policy or executive training program.