Canadian COMPETITION LAW

January 3, 2014

Earlier today, the Canadian Corporate Counsel Association (CCCA) published a new edition of its CCCA Magazine.   Included is a quite good article on competition law compliance entitled “Competition law: How to stay out of trouble” (sub-title: “How a robust antitrust compliance program can keep your company out of trouble”).

Introduction:

“Over the last two decades, lawmakers and competition agencies around the world have gone to great lengths to rein in anti-competitive conduct. Fines imposed for antitrust offences have been raised to almost crippling levels. The United States and Canada have moved to hold employees, directors and senior officers criminally accountable. Even consumers have done their bit by getting behind several antitrust class actions. In this environment, it’s crucial that corporate counsel set up credible and workable antitrust compliance programs in order to stay out of trouble.”

This new CCCA article discusses highlights of recent Canadian and U.S. competition/antitrust enforcement, including record Canadian bid-rigging fines, elimination of conditional sentences for cartel and bid-rigging offences in Canada and recent Supreme Court of Canada confirmation that “indirect purchaser” competition law class actions may be commenced.  Also included is a basic outline of some of the key elements of a practical competition law compliance program, including: senior director and officer support; encouraging whistleblowing; focusing training on risk areas; and periodic auditing and monitoring.

This new issue of the CCCA Magazine also includes an interview with Canada’s Commissioner of Competition, John Pecman.  In this recent interview the Commissioner discusses, among other things, the Bureau’s Immunity and Leniency Programs, competition law compliance programs, the Bureau’s renewed interest in competition advocacy and its enforcement approach in criminal investigations.

For more see: CCCA Magazine.

For more about Canadian competition law compliance see: Competition Compliance Programs.

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I am a Toronto competition and advertising lawyer offering business and individual clients efficient and strategic advice in relation to competition/antitrust, advertising, Internet and new media law and contest law.  I also offer competition and regulatory law compliance, education and policy services to companies, trade and professional associations and government agencies.

My experience includes advising clients in Toronto, Canada and the US on the application of Canadian competition and regulatory laws and I have worked on hundreds of domestic and cross-border competition, advertising and marketing, promotional contest (sweepstakes), conspiracy (cartel), abuse of dominance, compliance, refusal to deal, pricing and distribution, Investment Canada Act and merger matters. For more information about my competition and advertising law services see: competition law services.

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