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Competition law 2024 BCSC 428

Charlton v. Musashi Bockenau GmbH & Co. KG

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.

  • Consent certification
  • Settlement-related certification
  • Notice plan approval
  • S.4(1) cpa certification criteria
  • Anti-competitive conspiracy
  • Civil conspiracy
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Evidence 2023 BCSC 2061

Duryea v. Matsumoto

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.

  • Letters rogatory
  • Pre-trial discovery
  • Deposition
  • De-anonymization of benchmarking data
  • Class certification
  • Summary judgment
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Competition law 2023 Comp Trib 03

Rogers-Shaw - Reasons for Order and Order on Costs

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…

  • Section 92
  • Divestiture
  • Efficiencies defence
  • Costs allocation
  • E-discovery
  • Expert evidence
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Competition law 2016 BCSC 1781

Pro-Sys Consultants Ltd. v. Microsoft Corporation

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.

  • Certification
  • Security patch damages
  • Stifling of innovation
  • Expert evidence
  • Pleadings
  • Pass-through/overcharge
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Competition law 2014 FCA 29

Commissioner of Competition v. Toronto Real Estate Board

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.

  • Subsection 79(1) of the competition act
  • Anti-competitive acts
  • Market control and market power
  • Statutory interpretation
  • Trade association regulation
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Competition law 2012 FCA 223

Tervita Corporation v. Commissioner of Competition

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.

  • Merger review
  • Divestiture
  • Stay pending appeal
  • Prevention of competition
  • Remedies
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Competition law 2012 Comp Trib 7

Visa, MasterCard - Order creating an amended Scheduling Order

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.

  • Price maintenance
  • Section 76
  • Scheduling order
  • Pre-hearing procedure
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Competition law 2010 BCSC 922

Sun-Rype Products Ltd. v. Archer Daniels Midland Company

Certification was granted in a proposed class action alleging an HFCS price-fixing conspiracy, with direct and indirect purchasers, aggregate damages, and restitution issues.

  • Price-fixing
  • High-fructose corn syrup (hfcs)
  • Pass-through defence
  • Constructive trust
  • Limitation periods
  • Aggregate damages
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Competition law 2010 BCCA 91

Pro-Sys Consultants Ltd. v. Infineon Technologies AG

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
  • Aggregate damages and restitution
  • Tortious interference
  • Punitive damages
  • Notice and opt-out
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Competition law 2001 Comp Trib 29

Chapters - Reasons regarding consent Order

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…

  • Consent order
  • Divestiture remedies
  • Behavioural remedies
  • Code of conduct
  • Arbitration clause
  • Jurisdiction to bind third parties
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.