The Perils and Pitfalls of Canadian Competition Law

Canadian competition law increasingly influences ordinary commercial decision-making. Competitor collaborations, pricing strategies, distribution models, and marketing claims, among other types of conduct,can all trigger scrutiny under the Competition Act -sometimes civil, sometimes criminal. 

Recent amendments have expanded the scope of potential anti-competitive conduct, increased penalties, and strengthened the Competition Bureau’s investigative and enforcement powers. Companies operating in Canada must now, more than ever, assess the potential risks of their day-to-day commercial conduct and make competition law compliance a key business priority. 

This program examines how competition law applies to real-world business conduct. It integrates statutory analysis with enforcement trends and litigation experience, equipping counsel and executives to identify risk before it becomes regulatory exposure.

Key learning outcomes:

• The rationale for compliance and an overview of the active enforcement environment led by the Competition Bureau.
• How to identify and avoid criminal competitor collaborations such as price-fixing, market allocation, bid-rigging, and new employer wage-fixing agreements.
• The nuances of civil competitor collaborations, including joint ventures, non-compete agreements, and dual distribution strategies.
• The strict rules surrounding distribution tactics, price maintenance, and the severe implications of an abuse of dominance by major market players.
• The hidden dangers of competitively sensitive information exchanges, even within the context of historical data or trade associations.
• Actionable compliance strategies, such as building robust internal programs, securing proper senior management buy-in, and mastering careful document creation.