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ARTICLE · 08 JANUARY 2024

Canada Proposes A Significant Expansion Of Private Competition Litigation: The Breakdown And Takeaways

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On November 27, 2023, the Federal Government passed a Notice of Ways and Means Motion to introduce a bill entitled An Act to implement certain provisions...

CanadaLitigation, Mediation & Arbitration
Chris Margison
Chris Margison
Robin Spillette
Robin Spillette
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On November 27, 2023, the Federal Government passed a Notice of Ways and Means Motion to introduce a bill entitled An Act to implement certain provisions of the fall economic statement tabled in Parliament on November 21, 2023 and certain provisions of the budget tabled in Parliament on March 28, 2023, which was tabled on November 30, 2023 as Bill C-59 (the "Bill"). The Bill proposes amendments that implement some of the goals discussed in the 2023 Fall Economic Statement , including significant and far-reaching amendments to Canada's Competition Act (the "Act").

Among the amendments included in the Bill is a significant expansion of private rights of action and remedies for reviewable practices, including what may become a form of a class action regime before Canada's Competition Tribunal (the "Tribunal"). The following describes the expanded scope of conduct that will be captured by the private right of action, discusses various factors relating to

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