Canada: Cartels, Monopolies

Canada's Competition Bureau has released draft Cartel Enforcement Guidelines that consolidate and update guidance on criminal cartel provisions, introducing significant new positions on bid-rigging, foreign-based conspiracies, facilitating practices like MFN clauses, franchise systems, and employer agreements. These proposed guidelines expand the Bureau's enforcement approach beyond established case law and warrant careful attention from Canadian businesses operating in competitive markets.

The recent Kobe Mohr v. National Hockey League decision of the Federal Court (the "Decision") provides important jurisprudential guidance on the application of sections 45 and 48 of the Competition Act (the "Act").

On June 28, 2020, the International Competition Network (ICN) published guidelines on cooperation and coordination among competition agencies during multi-jurisdictional cartel...