Michael Osborne

Cassels Brock (Toronto)
Lawyer (Partner)

Michael is a partner with Cassels Brock. He acts for and advises parties in a wide range of competition matters, focussing particularly on defending clients in cartel investigations and prosecutions, price fixing class actions, and abuse of dominance matters. Michael also acts in a variety of commercial disputes, including contractual disputes, shareholders’ disputes, commercial fraud, and employment matters, and also in administrative law and constitutional issues. He has successfully represented the Commissioner of Competition in cases before the Competition Tribunal. He acted as trial and appellate counsel before all levels of court, and has extensive experience before the Competition Tribunal. Michael is an active member of both the Canadian Bar Association’s Competition Law Section and the American Bar Association’s Anti-trust Section. Michael is the editor of the Canadian Competition Law Review. Michael writes frequently for a number of legal and non-legal publications.

Distinctions

Videos

Michael Osborne - Affleck Greene McMurtry
Michael Osborne 14 April 2015 Washington DC

Articles

2156 Bulletin

Michael Osborne The Ontario Superior Court of Justice refuses to approve an agreement between two companies on credit card interchange fees (Bancroft-Snell / Visa Canada Corporation)

171

Courts have begun to criticize plaintiff lawyers who file multiple overlapping class actions across the country. In Ontario, Perell J. refused to approve an agreement by two BC firms to share their fee with a Saskatchewan-based firm, Merchant Law Group (“MLG”) in Bancroft-Snell v. Visa Canada (...)

Michael Osborne The Ontario Superior Court and the British Columbia Court of Appeal debate whether breaches of the Competition Act can support common law claims (Shah / LG Chem - Watson / Bank of America)

80

Is The Competition Act A “Complete Code”?* Courts debate whether breaches of the Competition Act can support common law claims Recently, Canadian courts have been debating whether the Competition Act is a “complete code” that forecloses the availability of so-called “parasitic” claims, that is, (...)

Michael Osborne The Canadian Competition Tribunal suspends the registration of the consent agreement between the Commissioner of Competition and a number of e-books publishers until the determination of the application to rescind or amend this agreement (Kobo)

104

Kobo Obtains Stay of Ebooks Settlement* The ebooks settlement reached between the Competition Bureau and four major ebook publishers has been stayed pending the determination of a challenge brought by ebook retailer Kobo Inc. to the settlement. Kobo argues that its contracts with the four (...)

Michael Osborne The Canadian Competition Tribunal denies leave to merchant to bring price maintenance application challenging wholesale pricing structure for tobacco products (Safa Enterprises / Imperial Tobacco)

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Tobacco price maintenance case goes up in smoke* A Vancouver convenience store operator’s attempt to force Imperial Tobacco to offer it lower prices was filtered out by the Competition Tribunal. Safa Enterprises Inc. operates “My Convenience Store”. Its competitor, New Hasty Market, pays less (...)

Michael Osborne The Canadian Competition Tribunal refuses to grant damages to company deliberately and flagrantly breaching interim order in a refusal to deal case in the chicken industry (Nadeau / Wetsco)

68

Injunction chickens come home to roost* The Competition Tribunal has the power to order an inquiry into damages arising from an interim order granted by the Tribunal, but can refuse to order damages where special circumstances exist. Deliberate and flagrant breach of the interim order will (...)

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