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ARTICLE · 28 APRIL 2021

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Pandemic Hero Pay Puts Competition Law In The Spotlight

The large supermarket chains' joint pull back of pandemic "hero pay" from their hourly workers in June 2020 triggered a hearing surrounding this event ...

CanadaAntitrust/Competition Law

Capital Perspectives - Newsletter

The large supermarket chains' joint pull back of pandemic "hero pay" from their hourly workers in June 2020 triggered a hearing surrounding this event by the House of Commons Standing Committee on Industry, Science and Technology (Industry Committee) and an investigation by the Competition Bureau. This matter continues to be of interest to the Industry Committee, with more meetings on the subject of possible reforms to the Competition Act (the Act) to be set for April 2021.

While many stakeholders were questioning whether "employment-related" agreements could result in criminal charges under section 45, the conspiracy provision of the Act, in a Sept. 14, 2020 letter from Commissioner of Competition, Matthew Boswell, to Nathaniel Erskine-Smith, Member of Parliament, the Commissioner only made reference to the civil agreements between competitors provision in reference to potential wage-fixing. The Commissioner noted that the burden

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