The Government of Canada has proposed legislation that will
amend the Competition Act (the
"Act") to permit (i) far more private
competition law litigation, and (ii) the awarding of significant
new financial remedies for breaches of different provisions of the
Act. These changes give plaintiffs new strategic options and
litigation incentives, and create new strategic risks for
defendants.
Here are four things to know about this new legislation and
private competition law litigation in Canada:
New Financial Remedies and Incentives for Private
Litigation (Including Class-Action Like Litigation)
At present, other than in criminal cases (like cartels), private
plaintiffs cannot win any type of monetary award for proving the
existence of or injury from anti-competitive conduct. Under the new
legislation, the Competition Tribunal can order that a defendant
"pay an amount, not exceeding the value of the benefit
derived from the [anti-competitive conduct], to
