Competition / Antitrust

Overview

Canada’s Competition Act is a broad collection of assorted consumer protection measures covering specific offences, reviewable practices and procedural issues. Miller Thomson’s Competition / Antitrust Group, which includes bilingual lawyers, has extensive experience covering the full scope of Canadian law, and provides comprehensive and practical advice to businesses for any situation affecting a client’s position under the Act. Our lawyers have been involved in national and international mergers, Competition Bureau investigations, foreign investment advice under the Investment Canada Act, prosecution defence and civil suits, such as class actions. We can also develop proactive compliance programs designed to prevent contravention of the law.

Our expertise includes:

Mergers and Acquisitions: We advise on the Competition Act and the Investment Canada Act’s requirements for proposed mergers, acquisitions and other transactions. We have successfully assisted clients in obtaining approvals of controversial mergers.

Litigation: Our 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 cooperation treaties. Close collaboration among all law firms representing a global corporation is essential. Our lawyers are comfortable coordinating multi-jurisdictional teams and developing domestic and international strategies to seek immunity from prosecution or reduced penalties for early cooperation with authorities. Our Group can also assist in responding to investigations on misleading representations.

Individual and Class Actions: We have successfully represented clients in defending class actions and individual purchaser claims based upon breaches of the cartel provisions of the Act, and have shown that effective negotiations with prosecutors can reduce liability and facilitate a favourable settlement.

Distribution and Pricing: We advise on issues arising out of pricing practices and licensing, distribution and franchising arrangements, including the lawfulness of business agreements, resale price requirements, price discrimination, exclusive dealing, tied selling and other market issues.

Marketing and Advertising: We advise on marketing practices, including packaging and labeling, advertising, telemarketing, contests and promotions.

Multi-Level Marketing: We advise on the special provisions in the Competition Act and the complex body of jurisprudence and administrative practices that govern the activities of multi-level marketing firms in Canada.

Protection of Intellectual Property: We can address the growing concerns about the competitive abuse of intellectual property rights, including patents, trademarks, copyrights and industrial designs.

Tailored Compliance Programs: Our Group develops proactive, customized compliance programs to prevent breaches of the law which can be an important part of a corporation’s governance policy or executive training program, once implemented.

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