The Competition Act prohibits certain unilateral business activities that may substantially lessen or prevent competition. These activities include abuse of dominance and restraints imposed by suppliers on customers, such as refusals to deal, price maintenance, tied selling and exclusive dealing.
The Act also contains consumer protection provisions relating to deceptive marketing practices. Egregious forms of misleading advertising, as well as deceptive telemarketing and pyramid selling, are criminal offences. Less serious forms of deceptive marketing, such misleading advertising, misrepresentations about a product’s performance or efficacy and “bait and switch” selling, may be subject to an order under the civil provisions of the Act.
We regularly advise clients on the antitrust implications of a variety of business practices, including distribution activities and arrangements and retail pricing programs. Our group members have also been involved in numerous abuse of dominance investigations in recent years.