Click on a subject below for more information, or view our competition law publications.
We have extensive experience acting for individuals and businesses in all phases of investigation and prosecution of criminal offences under the Competition Act. We have handled every kind of case, from international cartels to local bid rigging. We have a strong track record in using the Bureau's immunity and leniency programs to reduce our clients' exposure.
We can also help keep you out of trouble in the first place by providing advice on:
- Existing and proposed business practices
- How to participate in trade associations without breaking the law
- Compliance programs
Civil Anti-Competitive Conduct
If you have large market share, you need to be concerned about the Competition Act's abuse of dominance provisions. We provide advice on business practices that may raise concerns under the abuse of dominance and related provisions, including:
- Rebate and loyalty programs
- Exclusive dealing
- Tied selling
- Refusal to deal
- Contracting practices that exclude competitors
We act for businesses under investigation by the Competition Bureau and involved in Competition Tribunal proceedings relating to abuse of dominance and other reviewable matters.
We act for businesses that want to stop anti-competitive behaviour that is harming their business.
We have experience acting for the Commissioner of Competition in prosecuting a major abuse of dominance case in the Competition Tribunal.
If your business is party to a merger, you need competition law advice. We will:
- Determine whether your merger must be pre-notified under the Competition Act or the Investment Canada Act.
- Prepare pre-notification filings under the Competition Act and the Investment Canada Act.
- Negotiate with the Competition Bureau and Investment Canada to get your merger approved.
- Defend your merger in the Competition Tribunal, if necessary.
Marketing Practices and Telemarketing
You need to be aware of the rules in the Competition Act that apply to almost every kind of advertising. There are special rules for promotional contests, pyramid selling, and telemarketing. We provide advice on compliance with these provisions and defend clients accused of misleading advertising and other marketing-related offences.
Competition Bureau Investigations
The Competition Bureau can get search warrants and orders for production of documents and oral examinations.
Even if your business is in full compliance with the Competition Act, you could be forced to assist the Bureau with its investigation through these orders.
If you hear from the competition cops, call us. We have extensive experience in dealing with the Bureau during the execution of search warrants and responding to orders for production of documents and oral examinations.
You can protect your business by implementing a competition compliance program to educate your employees and prevent them from breaching the Competition Act. We will:
- Custom design a compliance program for your specific situation
- Deliver seminars to educate your employees about your compliance program
- Perform a competition audit and make sure that your Competition Act compliance program is working
Advice on Business Practices
We can tell you whether your business plans raise an issue under the Competition Act and help you reduce or eliminate your exposure. You should seek competition advice before joining or engaging in the following:
- Joint ventures
- Industry associations
- Standard setting activities
- Implementing directives from a foreign parent that appear to be based on discussions with competitors
- Joint bidding
- Buying groups
- Restructuring or terminating distributor or retailer relationships
- Setting resale prices
- Rebate or loyalty programs
- Exclusive dealing or tied selling
- Merging with or acquiring a competitor
Competition Tribunal Litigation
The Competition Tribunal is the administrative tribunal that hears certain competition cases. Private access to the Tribunal is now possible for refusal to deal and certain other cases.
AGM LLP regularly appears before the Competition Tribunal in cases involving:
- Abuse of dominance
- Refusal to deal
- Marketing practices
We are known for successfully acting for the Commissioner of Competition in several major cases before the Tribunal.
Class Actions and Other Private Actions
We regularly defend companies involved in class actions that allege breaches of provisions of the Competition Act. We have extensive experience in dealing with the complex legal, procedural, and factual issues thrown up by competition class actions. We are accustomed to litigating proceedings that run in parallel with proceedings in other provinces and the US.
We also defend and prosecute private actions involving alleged breaches of the Competition Act.
We also regularly defend companies and their insurers involved other types of class actions.
Affleck Greene McMurtry LLP
365 Bay Street, Suite 200 · Toronto, Canada
416 360 2800 ·