Conzen O'Connor (Toronto)

Michael Osborne

Conzen O’Connor (Toronto)

Michael Osborne is a partner and the chairman of the Canadian Competition Practice of Cozen O’Connor. Michael advises and defends clients in inquiries and proceedings commenced by the Competition Bureau, including criminal matters, abuse of dominance, and marketing and advertising matters. He defends clients in private proceedings under the Competition Act, including price fixing class actions. Michael acts for and advises parties in a wide range of commercial disputes, including contractual disputes, shareholders’ disputes, commercial fraud, and employment matters. He also offers experience in a range of regulatory and white-collar crime matters. Michael has acted as trial and appellate counsel before all levels of court across the country, the Competition Tribunal and other administrative tribunals, and arbitral tribunals in international and domestic arbitrations, both institutional and ad hoc.



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


5092 Bulletin

Michael Osborne The Canadian Competition Authority confirms that no-poach agreements, wage-fixing, and other buy-side agreements do not violate the Competition Act’s price fixing provision


No-poaching, wage-fixing, and other buy-side agreements do not violate the Competition Act’s price fixing provision (section 45), the Competition Bureau has confirmed. This is because section 45 only applies to agreements relating to the supply of a product, and not the purchase of a product. (...)

Michael Osborne, Chris Hersh The Canadian Competition Authority is scrutinising competition law compliance and companies taking advantage of consumers by engaging in price fixing and misleading claims about products during the COVID-19 outbreak


The Competition Bureau is watching for evidence of companies taking advantage of consumers by making false or misleading claims about a product’s ability to combat COVID-19 or engaging in price fixing, the Commissioner of Competition warned in a recent statement. The Commissioner added that (...)

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) (MasterCard / Visa / Watson / Bank of America)


This article has been nominated for the 2016 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Is The Competition Act A “Complete Code”?* Courts debate whether breaches of the Competition Act can support common law claims Recently, Canadian courts (...)

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)


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)


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 (...)

Michael Osborne The Canadian Court of Appeal of Alberta dismisses an action for damages in a conspiracy claim against joint purchasers in the oil industry (Alberta / Husky Oil Operations)


No pot of gold at the end of the Rainbow* A decision by joint operators of an oil field to use a single fluid hauler was not an unlawful conspiracy, the Alberta Court of Appeal held recently, overturning a 2011 decision that awarded about $8 million to the loser of a competitive bidding (...)

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)


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 (...)

821 Review

Ana Sofia Rodrigues, Eric Posner, Sarah Roberts, Daniel Oakes, Ioana Marinescu, Rochella Davis, Lindsey Strang, Strati Sakellariou-Witt, Tiffany Rider, Jaclyn Phillips, Michael Osborne, Kathryn Mims, Tilman Kuhn, Danielle Drory No-poach agreements - Closing the enforcement gap


Antitrust enforcement in labour markets is increasingly gaining momentum, with several competition agencies around the globe, taking action. “Labour antitrust” has been targeted in the US for a while. At the EU member state level, there have also been several investigations and decisions (...)


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