The Canadian Competition Bureau releases the final version of its Competitor Collaboration Guidelines instituting a new dual-track approach for conspiracy and agreement between competitors (section 45 and 90.1 Competition Act)

On December 23, 2009 the Competition Bureau [1] (the “Bureau”) released the final version of its Competitor Collaboration Guidelines [2] (“Guidelines”) that outlines the Bureau's approach to enforce the new agreement provisions resulting from the fundamental changes induced by Bill C-10 [3]. Bill C-10 overhauls key provisions of the Competition Act(the Act) [4] and especially institutes a new dual-track approach for conspiracy and agreement between competitors. Context The former criminal conspiracy provision (section 45) has yet been replaced with dual criminal and civil provisions that came into force on March 12, 2010. The new section 45 of the Actcreates a new “per se” criminal conspiracy offence with respect to “hardcore” agreements; while the new Act's section 90.1 introducesa new

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Karounga Diawara, The Canadian Competition Bureau releases the final version of its Competitor Collaboration Guidelines instituting a new dual-track approach for conspiracy and agreement between competitors (section 45 and 90.1 Competition Act), 23 December 2009, e-Competitions Bulletin December 2009, Art. N° 30789

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