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ARTICLE · 04 NOVEMBER 2014

The Walls Have Ears – Lots Of Them!

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Supreme Court of Canada jurisprudence in the cartel space is rare – and therefore valuable. While not always good news, it provides definitive guidance.

CanadaAntitrust/Competition Law
James Musgrove
James Musgrove
Joshua Chad
Joshua Chad
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Supreme Court of Canada ("SCC") jurisprudence in the cartel space is rare – and therefore valuable. While not always good news, it provides definitive guidance.

On October 17, the Supreme Court of Canada ruled that plaintiffs involved in class action proceedings against multiple gas station operators would be granted access to the Canadian Competition Bureau's (the "CCB's") wiretap evidence collected during the course of its criminal investigation into the conduct. The majority decision of the SCC held that neither the Competition Act nor the Criminal Code prevented a civil court from ordering the disclosure, by the CCB, of wiretap evidence obtained in connection with a criminal investigation.

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