Canadian Competition Law

May 2007

Provided by the Association of Corporate Counsel
1025 Connecticut Avenue, Suite 200
Washington, D.C. 20036
Tel 202.293.4103
Fax 202.293.4701
www.acc.com

Canada's Competition Act is similar in many respects to its U.S. counterpart, the Sherman Antitrust Act, but it is different in a number of important ways that U.S. enterprises doing business in Canada should bear in mind. This InfoPAKSM will provide corporate counsel with a general overview of Canadian competition law. This information should not be construed as legal advice or legal opinion on specific facts, or representative of the views of ACC or any of its lawyers, unless so stated. This is not intended as a definitive statement on the subject but a tool, providing practical information for the reader. We hope that you find this material useful. Thank you for contacting the Association of Corporate Counsel.

This material was compiled by Osler, Hoskin & Harcourt LLP. For more information on Osler, Hoskin & Harcourt LLP, visit their web site at www.osler.com.

ACC wishes to thank the following members of the ACC Ontario Chapter for their contribution to the development of this InfoPAK^SM.

Table of Contents

1. Introduction
   
   1. Historical Development of Competition Law in Canada
   2. Overview of the Competition Act
   3. Key Players
   4. Enforcement and Remedies
   5. Canada's Immunity Program
   6. Distinguishing Features of Canadian Competition Law


2. Conspiracy and Bid Rigging
   
   1. Conspiracy
   2. Bid Rigging
   3. Individual and Corporate Liability
   4. Geographic Scope of Application
   5. Penalties
   6. Canada's Immunity Program
   7. Trial and Plea Practices
   8. Treatment of Strategic Alliances and Joint Ventures


3. Pricing Practices
   
   1. Price Maintenance
   2. Price Discrimination and Promotional Allowances
   3. Predatory Pricing


4. Mergers
   
   1. Pre-Merger Notification
   2. Process and Timing Issues
   3. Substantive Merger Review


5. Abuse of Dominance
   
   1. Differences Between Canadian and U.S. Abuse of Dominance Law
   2. What is Dominance?
   3. Measuring Dominance
   4. Distinguishing Anti-Competitive Acts from Legitimate Competition
   5. Substantially Preventing or Lessening Competition
   6. Remedial Powers of the Competition Tribunal
   7. Grocery, Air Transportation and Telecommunications Industries


6. Non-Price Distribution Practices
   
   1. Refusal to Deal
   2. Exclusive Dealing
   3. Tied Selling
   4. Other Practices
   5. Practical Considerations Regarding Compliance and Enforcement


7. Misleading Advertising and Deceptive Marketing Practices
   
   1. Misleading Representations
   2. Pricing
   3. Contests
   4. Telemarketing
   5. Pyramid Selling


8. Investigatory Powers and Confidentiality of Information
   
   1. Evidence Gathering
   2. Interception of Private Communications (Wiretapping)
   3. Confidentiality of Information Obtained During an Investigation
      
      1. Appendix 1. Search and Seizure Checklist


9. Private Competition Litigation
   
   1. Historical Development of Private Litigation in Canada
   2. Private Applications to the Competition Tribunal


10. Additional Resources
    
    1. Legislation
    2. Competition Bureau Publications
    3. Other Publications


11. About Osler

Materials may not be reproduced without the express consent of ACC.