The Supreme Court of British Columbia certified a proposed competition class action for settlement purposes, approved the notice plan, and dispensed with signatures of non-settling defendants.
The court enforced a Minnesota Letter Rogatory seeking Sumio Matsumoto’s deposition in a pork antitrust MDL, finding the evidence relevant, unavailable elsewhere, and not unduly burdensome.
The Tribunal fixed costs in favour of the Respondents because they prevailed on the principal issues, the Commissioner unreasonably persisted in pursuing an arrangement that was legally and practically foreclosed after the Divestiture announcement and adopted contentious litigation tactics that significantly increased Respondents' costs; counsel fees were fixed at top end of Column V of Tariff B for Rogers ($414,720.00) and Shaw ($416,187.00) and disbursements were awarded to Rogers ($9,298,152.58) and Shaw ($2,836,920.30) with limited specific deductions for certain expert fees, and no costs…
The court held that a proposed “security patch” damages theory was not pleaded or certified and struck related expert evidence, while allowing innovation allegations to remain.
The Tribunal erred in law by concluding s.79(1) cannot apply to the Toronto Real Estate Board solely because the Board does not compete with its members; an entity that substantially controls a class of business through control of inputs or binding rules can be the target of a s.79(1) order; the matter is remitted to the Tribunal for determination on the merits.
A stay of the Competition Tribunal's May 29, 2012 divestiture order and the related Divestiture Procedure Order was granted pending final determination of the appeal because the appellants raised at least one serious issue, would suffer irreparable harm if compelled to divest assets that could not be practically re-acquired, and the balance of convenience favoured the appellants; the stay is conditional on preservation of the assets and the appeal is expedited.
The Tribunal, exercising its case management authority and in light of the parties' consent and a two-week delay caused by external court scheduling issues, amends the Revised Scheduling Order by shifting the interim steps by two weeks and sets specific deadlines and hearing dates accordingly.
Certification was granted in a proposed class action alleging an HFCS price-fixing conspiracy, with direct and indirect purchasers, aggregate damages, and restitution issues.
The Court of Appeal allowed the appeal, set aside dismissal of certification, and certified a proposed British Columbia DRAM class proceeding, subject to case management.
Section 45 competition act (cartel/conspiracy)
Certification requirements under class proceedings act
The Tribunal approved the DCO because, on the material before it, the combination of structural divestitures (23 stores plus online, tradename and distribution assets) and behavioural measures (minimum terms of trade/code of conduct) are sufficiently well-defined, effective and enforceable to, in all likelihood, eliminate the presumed substantial lessening of competition; the arbitration mechanism is limited to contractual disputes and does not divest the Tribunal of enforcement powers; the Tribunal has statutory jurisdiction to grant remedies affecting third-party rights when necessary to re…