Competition Enforcement and Litigation in Canada

Competition Enforcement and Litigation in Canada
Emond Publishing
Page Count:
Publication Date:
October 2018
Administrative Law; Business, Corporate, and Commercial Law; Civil Litigation and Procedure; Criminal Law and Procedure

"In my over 30 years of work at the Competition Bureau, culminating as the Commissioner of Competition, I regrettably did not have access to such a complete treatise on the Act ... Not only does the handbook provide a comprehensive treatment of the law and the relevant guidelines, it is also sprinkled with insights from a seasoned competition law practitioner adding 'inside baseball' nuances from his time spent as a government litigator."

— John Pecman, Former Commissioner of Competition

"This book has a very logical flow, and each chapter is thoughtfully organized and supported with a wealth of primary and secondary source information. Di Domenico provides extensive overviews of the various adjudicative processes with helpful advice along the way."

—George Tsiakos, Acting Head & Instruction Librarian at UBC Law Library

The enforcement of competition law in Canada is multi-faceted, encompassing public and private enforcement. Competition Enforcement and Litigation in Canada aims to provide a thorough, practical guide to all aspects of competition enforcement and litigation, and demystify the way in which various competition practices and procedures operate.

This definitive treatise substantially outlines the analytical framework required for effectively examining competition law issues, including each reviewable practice and criminal offence under the Competition Act. Author Antonio Di Domenico offers an in-depth exploration of the practice of competition enforcement and litigation in both civil and criminal contexts, as well as the Competition Bureau’s immunity and leniency programs, and merger notification and review process. Various processes and procedures are broken down to a granular level, allowing readers to have a better understanding of the nature of competition law as a whole.

The book’s extensive and well-organized coverage makes it an excellent teaching tool for those newer to the topic, as well as a valuable reference guide for more experienced practitioners. Whether you are an expert or a novice in competition law, this text will help expand and clarify your understanding and implementation of the law.

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  • Foreword by John Pecman, Commissioner of Competition (2013-2018)
  • Comprehensive outlines of the adjudicative processes and procedures for criminal, Competition Tribunal, and class action proceedings under the Competition Act
  • Step-by-step guidance on the Competition Bureau’s immunity and leniency programs
  • Detailed discussion of the Competition Bureau’s merger notification and review process
  • Complete framework for each criminal offence and civil reviewable practice under the Competition Act, including the elements of conduct, applicable onuses, defenses, exceptions, and remedies
  • Comprehensive outline of the nature of and procedure for the Competition Bureau’s investigations of civil and criminal matters and evidence gathering powers
  • Chapter structure reflects the competition enforcement and litigation process
  • Useful government documents and statutes included in the appendix

Chapter 1: Introduction and Overview of Competition Enforcement
Chapter 2: Investigations by the Commissioner of Competition
Chapter 3: Evidence Gathering
Chapter 4: Competition Law Offences
Chapter 5: Criminal Process, Procedure, and Remedies for Competition Offences
Chapter 6: The Competition Bureau’s Immunity and Leniency Programs
Chapter 7: Reviewable Practices under the Competition Act: An Overview
Chapter 8: Reviewable Practices Under Part VIII of the Competition Act: Unilateral Conduct, Non-Criminal Agreements Between Competitors and Mergers
Chapter 9: Reviewable Practices Under Part VII.1 of the Competition Act: Deceptive Marketing
Chapter 10: Proceedings Before Canada’s Competition Tribunal: The Adjudicative Process and Procedure
Chapter 11: Private Enforcement and Class Actions

"What I most enjoyed about the book is the next-to-last chapter dealing with proceedings before the Competition Tribunal. Just as with criminal matters, there are not a lot of matters before the Competition Tribunal. This book expands upon and helps the reader understand the Competi- tion Tribunal rules of procedure through the pleadings stage, timetabling of matters, discovery, experts and trial. This is perhaps the only book that does this in such detail."

Read the full review here.

—Michael Binetti, Affleck Greene McMurtry LLP
Excerpt from Canadian Competition Law Review

"While there is a relatively small, but good, body of existing Canadian competition law books, this new text fills an important gap, providing a comprehensive summary of the enforcement side of competition law in Canada.

Particularly helpful in this next text are the practice related tools, which include practice related strategies, flow charts of criminal offences and stages for criminal and civil hearings, tables and summaries of penalties for different Competition Act provisions and summaries of key cases in table format.

This book also provides detailed discussions of competition law related topics that are difficult to find elsewhere, such as step-by-step overviews of criminal trials and Competition Tribunal hearings, summaries of the different types of privilege applicable in competition law matters and the sentencing process in criminal cases, to mention a few."

Read the full review here.

—Steve Szentesi, BA, MA, LLB
Excerpt from Canadian Competition Law

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Competition Enforcement and Litigation in Canada

Format: Print
Cover: Hardcover
Colour: Two Colour
Status: Available

Price: $254.00

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Format: Digital
Cover: Online
Colour: Two Colour
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Price: $229.00

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