Wright, Charles M. --- "Canada" [2010] ELECD 766; in Foer, A. Albert; Cuneo, W. Jonathan (eds), "The International Handbook on Private Enforcement of Competition Law" (Edward Elgar Publishing, 2010)

Book Title: The International Handbook on Private Enforcement of Competition Law

Editor(s): Foer, A. Albert; Cuneo, W. Jonathan

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781848448773

Section: Chapter 26

Section Title: Canada

Author(s): Wright, Charles M.

Number of pages: 15

Extract:

26 Canada
Charles M. Wright1


Introduction
Class proceedings are relatively new to Canada, and prior to their introduction the
ability to pursue damage claims for competition violations was seemingly more theoreti-
cal than real. This was presumably because of the expense associated with bringing such
claims on a non-class basis. Competition law class actions are now becoming increas-
ingly prevalent and judicial commentary is beginning to clarify some of the parameters
of those proceedings.
Competition law class actions can be brought pursuant to the common law or the
federal Competition Act.2 Section 36 of the Competition Act creates a cause of action for
any person who has suffered loss or damage as a result of conduct that is contrary to
any provision of Part VI of the Act. Part VI of the Act deals with matters such as price-
fixing conspiracy, bid-rigging, false or misleading representations, and pyramid schemes.
Actions commenced pursuant to section 36 can be brought before a federal or provincial
court.
The Competition Act gives the Competition Tribunal jurisdiction over certain matters
addressed in the Act, such as mergers, refusal to deal, price maintenance, exclusive
dealing, and abuse of dominate position.
The Competition Bureau is an independent law enforcement agency that investigates
complaints and monitors businesses for unfair practices, including illegal cartels.

1. How does a damages action case get started?

a. Meeting clients
Generally, solicitation of clients is not prohibited. However, there are some common
sense exceptions to this rule. For example, lawyers ...