Overview
The Competition Act has a dual-track regime for dealing with agreements between competitors. Hardcore cartel-like agreements between competitors such as price-fixing and bid-rigging are criminal offences. A civil provision enables the Competition Bureau to review joint ventures and other agreements between competitors that fall outside the scope of the criminal provisions.
Torys regularly advises clients on commercial arrangements between competitors and has represented domestic and international businesses and individuals in connection with criminal investigations by the Competition Bureau. We have advised on all major investigations and related class actions in numerous sectors, including automotive components, air cargo services, cathode ray tubes, fine paper, graphite electrodes, ocean freight services, rubber chemicals, SRAM/DRAM and motion pictures. We have extensive experience with the Bureau’s immunity program and leniency policies, which allow businesses to cooperate with a Bureau investigation in exchange for immunity from prosecution or lenient treatment.