The Antitrust Review of the Americas 2012

Canada: Private Antitrust Litigation

Private antitrust litigation in Canada focuses mainly on two distinct kinds of alleged misconduct and takes place in two very different venues. Criminal behaviour, including cartels and misleading advertising offences, triggers traditional civil litigation before the courts (usually by way of class action). Certain non-criminal reviewable trade practices, such as refusals to deal, may trigger private administrative proceedings before the Canadian Competition Tribunal (the Tribunal). In either case there is a series of potent but very different remedies available. What follows is a review of both of these routes to private antitrust enforcement in Canada, together with an indication of some of the key differences between private Canadian and US cartel litigation.

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