Here is an item that I co-wrote with my colleague Stephane Eljarrat.
When investigating cartel violations in Canada, the Competition Bureau’s tool of choice is the “search and seizure” (the Canadian equivalent of the “dawn raid” in Europe). The Bureau execises its search and seizure powers pursuant to judicially authorized warrants which it must obtain prior to searching a location and seizing records contained therein.
In a recent decision on the use of search and seizure powers generally in Canada, the Supreme Court of Canada addressed the question of whether a search warrant must expressly permit authorities to search computers or other electronic device [...]
On 8 October 2013, it was announced that the nuclear industry would not be included in the European Commission’s draft Guidelines on environmental and energy aid for 2014-2020 as anticipated. Earlier in the year, a leaked copy of the draft Guidelines (which the author has read) set out six pages on how the Commission would seek to address State measures in the nuclear industry.
Some commentators are claiming victory for the anti-nuclear lobby; others appear to be suggesting that this is a major setback for the nuclear industry, particularly in the UK where a new fleet of reactors is proposed.
But this development should not be overstated. It may in fact be good news for the nuclear industr [...]
Cartel enforcement in Canada is heavily dependent on the use of informants. This is explained by two principal factors. First, cartel conduct is, by its very nature, secretive and carried out in the shadows of business life. Second, Canada’s Competition Bureau, which is responsible for investigating cartels, is subject to budget constraints that limit its ability to expose and detect cartel conduct on its own.
In recognition of these realities, the Competition Bureau employs several tools to encourage informants to come forward with incriminating evidence. The best known of these tools is the Bureau’s Immunity/Leniency program, where the Bureau will recommend favourable prosecution and sente [...]
Here is an item on an important decision of Canada’s Competition Tribunal written by my partners George Addy, Sandra Forbes, John Bodrug and Jim Dinning. It is especially relevant for trade associations – Mark
On April 15, 2013, the Canadian Competition Tribunal released its decision dismissing the Commissioner of Competition’s application against the Toronto Real Estate Board (“TREB”). The Commissioner had alleged that TREB had abused a dominant position in the market for residential real estate brokerage services by implementing rules that limit how its member brokers and agents can provide certain information to consumers over the Internet.
Davies was counsel to an intervenor, The Canadia [...]
Competition Law in Canada – Top 10 Issues for 2013
This is a post of an article written by my partners Anita Banicevic, Richard Elliott, Charles Tingley and me
2012 was a busy year for competition law and policy in Canada. Below we consider how some of the important developments in 2012 will shape the enforcement of Canadian competition law in 2013.
1. Will the New Interim Competition Commissioner Stay the Enforcement Course?
In September 2012, the Commissioner of Competition resigned and was replaced on an interim basis by John Pecman, a seasoned Bureau veteran with over 28 years of enforcement experience. While a permanent replacement is expected [...]
A NEW COMMISSIONER OF COMPETITION FOR CANADA
The year just ended witnessed a changing of the guard at Canada’s Competition Bureau, with Melanie Aitken resigning as Commissioner of Competition in September 2012. Ms. Aitken was replaced on an interim basis by John Pecman, a seasoned Bureau veteran with over 28 years of enforcement experience. It is expected that a permanent replacement for Ms. Aitken will be appointed within the year.
Ms. Aitken only served roughly three years of her five-year term. In that relatively short period of time, however, she engaged in a vigorous—and successful—campaign to raise the profile of competition law enforcement in Canada. Ms. Aitken accomplished this o [...]