Plaintiffs in follow-on competition law class actions routinely
seek information from Canada's Competition Bureau (Bureau) in
aid of their actions. The Bureau's general position on this, as
found in its 2013 bulletin on communicating confidential
information, is to decline such requests. Last week, the Bureau
invited comments on a new draft information bulletin that provides a more detailed
explanation of its position on this important issue.
Background
Any person who has suffered a loss or damages incurred as a
result of a breach of the Competition Act's criminal
provisions, or by a person's failure to comply with an order
made under the Act can recover those amounts under section
36 of the Act. To support their cause of action, litigants
often seek disclosure of records and information the Bureau may
have obtained during the course of its own review of the conduct in
question. Notwithstanding that sections 29 and 10(3) of the
Act require that all inquiries be
