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ARTICLE · 03 JULY 2017

Documentary Discovery… Of The Competition Bureau?

On March 8, 2017, the Competition Bureau released a bulletin for public consultation entitled "Information requests from private parties in proceedings for recovery of loss or damages".

CanadaAntitrust/Competition Law

On March 8, 2017, the Competition Bureau released a bulletin for public consultation entitled "Information requests from private parties in proceedings for recovery of loss or damages". The bulletin outlines the Bureau's position on access to information requests from parties who are thinking of starting or have already started a proceeding under section 36 of the Competition Act and believe the Bureau possesses helpful information. In the midst of flurry of class actions seeking damages under this section, the release is timely.

Section 36 provides private parties with an ability to recover any loss of damage as a result of anti-competitive conduct regulated as an offence and this includes false or misleading representations made knowingly or recklessly for the purpose of promoting the sale of a product or business interest.

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