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ARTICLE · 22 JULY 2021

Federal Court Decision Clarifies Scope Of Competition Act Conspiracy Provisions

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The recent Kobe Mohr v. National Hockey League decision of the Federal Court (the "Decision") provides important jurisprudential guidance on the application of sections 45 and 48 of the Competition Act (the "Act").

CanadaAntitrust/Competition Law
Leslie Milton
Leslie Milton
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The recent Kobe Mohr v. National Hockey League1 decision of the Federal Court (the "Decision") provides important jurisprudential guidance on the application of sections 45 and 48 of the Competition Act (the "Act"). These provisions prohibit naked anti-competitive conspiracies and conspiracies relating participation in professional sports respectively.

Background

In September, 2020, Kobe Mohr, as Representative Plaintiff on behalf of all major junior hockey players that signed a standard player agreement, filed a Statement of Claim in the Federal Court seeking damages of approximately $825 million for an alleged conspiracy among Canadian and U.S. hockey leagues as well as the governing body for hockey in Canada (collectively, the "Defendants") contrary to section 48 of the Act.

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