In 2009, Canada's Competition Act (the Act) was amended to
decriminalize price maintenance and to introduce a competitive
effects criterion. These amendments responded to the 2008
Competition Policy Review Panel report, which noted that
Canada's criminal offense for price maintenance was more
restrictive than comparable U.S. law as reflected in the Leegin
decision, and that earlier studies had recommended changes to the
price maintenance provision. These amendments significantly
expanded the scope for permissible price maintenance in Canada.
Although the general intent was to more closely harmonize
Canadian and U.S. price maintenance law, the Canadian amendments
are quite detailed and include express elements that may both
expand and limit the law's application relative to U.S. federal
antitrust law. Guidelines from the Canadian Competition Bureau (the
Bureau) released in September 2014 seek to clarify the Canadian
provision and identify price maintenance practices
