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Litigating Competition Law in Canada

Contributions from some of Canada's leading competition litigators, focused on the advice needed to advance or defend competition cases in contested public settings.
Publication Language: English

Hardcover | 360 pages

In Stock
Published: May 24, 2018
ISBN/ISSN: 9780433494713

Product description

The number of competition law cases adjudicated in Canadian courts and before the Competition Tribunal continues to grow, and that growth has prompted an increased need for guidance from experienced practitioners. While there are ample resources that offer summaries of substantive rulings, Litigating Competition Law in Canada brings together some of the Canada's most successful and knowledgeable competition lawyers to offer practical advice on how to most effectively bring or defend competition law cases.

Invaluable content

The first of its kind, this comprehensive guide to litigating competition matters in Canada contains the information and practical guidance that private practitioners and in-house counsel need to understand when dealing with a contentious competition law case. Litigating Competition Law in Canada features contributions from Canada's leading competition litigators. They provide strategic insight into the procedural aspects of litigating a competition matter and offer examples of tactical steps counsel can take to advance their clients' positions.

Easy-to-read with important summaries of leading cases in accessible in text boxes, Litigating Competition Law in Canada is a definitive text that:

  • Provides an overview of the different players in competition litigation as well as the range of investigations and proceedings that can be brought by those players
  • Outlines the various constitutional issues that can arise in relation to the Canadian Charter of Rights and Freedoms and the Canadian Bill of Rights and foreshadows the constitutional battles to come
  • Explains the requirements and procedures that relate to the Commissioner's powers of investigation to gather evidence, compel testimony and conduct searches and seizures. It also outlines the guidelines, restrictions and safeguards that are designed to ensure that these investigative powers are used in a reasonable and effective manner
  • Offers a guide to litigating competition class actions by explaining the relevant background and statutory framework, including who can be a plaintiff, what claims plaintiffs can bring, what plaintiffs have to prove, and what limitation periods apply. Provides detailed insight on how to settle competition class actions and the issues that arise in those negotiations
  • Describes private actions before the Tribunal, including the legislative scheme, procedures, applicable tests and evidentiary standards. Provides a comprehensive overview of all cases decided under the private action sections of the legislation, dividing them between cases where leave was granted and cases where it was refused. The requirements, authority and tests for seeking injunctive relief are also outlined
  • Includes a chapter devoted to expert evidence that explains how to choose and retain an expert, and how to deploy their expertise in Bureau advocacy, Tribunal cases and private actions before the courts
  • Addresses the procedural aspects of litigating cases against the Competition Bureau before the Competition Tribunal, including reviewing the types of cases the Tribunal can hear, the procedural steps prior to a hearing and at the hearing itself, evidentiary issues and remedies, as well as the availability of mediation before the Tribunal and examples of motions that might be brought before the Tribunal
  • Discusses the criminal offences in the Competition Act and provides a comprehensive and robust overview of the Act's criminal provisions, related jurisprudence and litigation practice, as well as a detailed description of the immunity and leniency programs and guilty plea process

Practical guidance

Litigating Competition Law in Canada will be a useful acquisition for:

  • Corporate/commercial and competition lawyers who need to navigate the complex area of competition litigation so they can advise clients embroiled in a contentious matter
  • In-house lawyers who want to understand the finer points of competition litigation so they can effectively guide the company through contentious matters
  • Competition Bureau, Commissioner of Competition and Competition Tribunal lawyers and experts who must have a sound understanding of competition litigation
  • Judges who hear competition matters at the provincial or federal level and are less familiar with this area of the law
  • Businesses and trade associations that will benefit from an overview of competition law
  • Law libraries that want to provide a valuable resource for their patrons
  • International corporate/commercial and competition lawyers who are dealing with competition litigation with international aspects
  • Academics who research and write on questions of competition/antitrust law

Featured Authors

Table of contents

Chapter 1: Overview of Competition Litigation Players and Proceedings (Donald Houston and Kayla Albin, McCarthy Tétrault LLP) 
    A. Players
    B. Investigations and proceedings

Chapter 2: Competition Bureau Cases Before the Competition Tribunal (Linda Plumpton and James Gotowiec)
   A. Types of cases
   B. Pre-hearing procedures
   C. Hearings
   D. Evidentiary issues
   E. Remedies
   F. Availability of alternative dispute resolution
   G. Ancillary motions and appeals

Chapter 3: Constitutional Issues in Competition Litigation (Mahmud Jamal and W. David Rankin, Osler, Hoskin & Harcourt LLP)
   A. Introduction
   B. Federalism and the division of powers
   C. Canadian Charter of Rights and Freedoms
   D. Canadian Bill of Rights
   E. Conclusion

Chapter 4: Criminal Offences and Prosecutions under the Competition Act (Randal Hughes and Emrys Davis, Bennett Jones LLP)
   A. Introduction
   B. Offences, penalties and other consequences
   C. Obtaining jurisdiction over foreign and corporate accused
   D. Investigative powers
   E. Immunity and leniency
   F. Prosecution

Chapter 5: Investigatory Orders (Adam Fanaki and David Feldman, Davies Ward Phillips & Vineberg LLP)
   A. Introduction
   B. Section 11 orders
   C. Search warrants
   D. Wiretaps – Interception of private communications
   E. Disclosure in civil proceedings of records obtained through investigations
   F. Conclusion

Chapter 6: Competition Law Class Actions (Katherine Kay and Mark Walli, Stikeman Elliott LLP)
   A. Introduction
   B. Background – statutory framework
   C. Litigating competition class actions
   D. Settling competition class actions
   E. Concluding thoughts

Chapter 7: Private Actions Before the Tribunal (Scott McGrath, Thornton Grout and Finnigan, LLP)
   A. Introduction
   B. Core concepts
   C. The legislative scheme
   D. The procedure under section 103.1
   E. Applicable tests and evidentiary standards
   F. Other considerations
   G. Cases decided under the section
   H. Injunctive relief

Chapter 8: Expert Evidence (Randall Hofley, Blake, Cassels & Graydon LLP and Kate McNeece, McCarthy Tétrault LLP)
   A. Introduction
   B. Choosing and retaining an expert
   C. Information gathering
   D. Bureau advocacy
   E. Tribunal cases
   F. Private actions
   G. Conclusion