Global Competition Law is primarly a practitioner's guide presenting the most salient aspects of the major competition laws country by country, giving an overview of their structure and most charasteristic elements.
Global Competition Law also provides insight into possible future developments in the field.

Global Competition Law

At any stage during an investigation, where it appears that criminal prosecution may be appropriate, the Commissioner may refer the matter to the Attorney General of Canada (Section 23(1) of the Competition Act) with a recommendation attached. In the absence of such a recommendation, it is unlikely the DPP will act. The Federal Court and superior courts of criminal jurisdiction may, on application …

Criminal proceedings

Proceedings may be either civil or criminal, depending upon the nature of the infringement. Investigations are conducted by the Commissioner, and where criminal enforcement is likely the matter is referred to the Attorney General of Canada.

Context

Only the Commissioner of Competition may investigate breaches of the Competition Act and initiate proceedings for reviewable practices. The Commissioner is under a duty to begin an inquiry whenever there are grounds to believe that a criminal offense has been committed (Section 10(1) of the Competition Act). An application for an inquiry may be made to the Commissioner where at least six persons are of the opinion that a provision of Canada's antitrust law has been violated (Section 9(1) of the Competition Act). The application must include the names and addresses of the applicants, the nature of the alleged violation, names of the persons concerned and a statement of the evidence (Section 9(2) of the Competition Act).

The Mergers and Monopolistic Practices Branch, which brings together the former Mergers Branch and Civil Matters Branch of the Bureau investigates competition cases deemed reviewable under the Act. The Cartels and Deceptive Marketing Practices Branch of the Competition Bureau, which merged the former Criminal Matters Branch with the Fair Business Practices Branch, investigates possible criminal offenses relating to anticompetitive behavior.

Any person who has applied for, or is the target of, an inquiry is entitled to receive written information regarding its progress. The Minister may also require the Commissioner to submit an interim report.

When carrying out an investigation, the Commissioner is empowered to apply to the superior, county or Federal Court for an order compelling any person to testify or produce relevant documents (Section 11(1) of the Competition Act). Such orders may also be sought for corporations or their affiliates (Section 11(2) of the Competition Act). The Commissioner may also seek warrants to enter premises and search or seize documents (Section 15 of the Competition Act). At any stage, the Commissioner may discontinue the inquiry, making a report to the Minister and subject to review by the Minister.

Complaints and investigations

Where the existence of an anticompetitive practice is established and the parties do not agree to put an end to the infringement, the Commissioner may seek to enforce the application of the provisions of the Competition Act by requesting an appropriate order from the Competition Tribunal. 

Starting June 20, 2025, private parties will be able to bring cases directly before the Competition Tribunal to challenge anticompetitive practices, including abuses of dominant position, with the possibility of obtaining monetary redress."

Civil proceedings

At any stage during an investigation, where it appears that criminal prosecution may be appropriate, the Commissioner may refer the matter to the Attorney General of Canada (Section 23(1) of the Competition Act) with a recommendation attached. In the absence of such a recommendation, it is unlikely the DPP will act. The Federal Court and superior courts of criminal jurisdiction may, on application by the DPP, issue interim injunctions pending commencement or completion of criminal proceedings (Section 33 of the Competition Act). Interim injunctions are appropriate where an undertaking appears likely to do an act that will irreparably harm competition and for which money damages will be an insufficient remedy.

With regard to offenses under the Competition Act, the accused may elect to be tried without a jury (Section 67(1) of the Competition Act). Corporate defendants are tried without a jury (Section 67(4) of the Competition Act).

Pursuant to Section 33(1) of the Competition Act, a court may, on application by the Attorney General of Canada, issue an interim injunction preventing an undertaking from doing any act that the court deems to constitute or be directed toward the commission of an offense in relation to competition, pending the commencement or completion of a proceeding or a prosecution against the undertaking. The injunction may only be granted where, without such relief:

(i) injury to competition that cannot adequately be remedied under any other provision of the Act will result, or

(ii) a person is likely to suffer damage for which no adequate compensation may be provided under any other provision of the Act and that will be substantially greater than any damage that the supposedly infringing undertaking is likely to suffer from the injunction in the event that it is subsequently found that an offense has not been committed, was not about to be committed and was not likely to be committed.

Where offenses involve telecommunication, a specific regime applies (Section 33(1.1) of the Competition Act), and may result in the granting of injunctions against third parties (Section 33 (1.2) of the Competition Act). 

Global Competition Law

867. Criminal proceedings

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Les notions juridiques connexes

867. Criminal proceedings

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise