Steve Szentesi

Alberta Court of Queen* In a recent decision handed down by the Alberta Court of Queen’s Bench, in Dow Chemical Canada ULC v. NOVA Chemicals Corporation, 2018 ABQB 482 (“Dow Chemical”), the Court established both new law and confirmed earlier case law under sections 45 and 90.1 of the federal (...)

Ontario Court of Appeal Makes It Easier For Plaintiffs to Add Defendants Under Competition Act Limitation Provision* The Ontario Court of Appeal recently issued a significant decision in Mancinelli v. Royal Bank of Canada, 2018 ONCA 544 (C.A.), in which the Court clarified the application of (...)

New Competition Bureau Guidance on Influencer Marketing, Made in Canada Claims and Savings Claims* The Competition Bureau (Bureau) has published the fourth volume of its Deceptive Marketing Practices Digest (Marketing Digest), which provides guidance from the Bureau on influencer marketing, (...)

Competition Tribunal Denies Car Listing Refusal to Deal Leave Application and Establishes New Price Maintenance Law* On October 14, 2016 the Canadian Competition Tribunal (“Tribunal”) released an important Competition Act (“Act”) private application leave case (see:CarGurus Inc v Trader (...)

Canadian Supreme Court Clears Criminal Wiretap Evidence For Use in Competition Class Actions* In an important decision released on October 17, 2014, Imperial Oil v. Jacques, 2014 SCC 66, the Canadian Supreme Court confirmed plaintiffs’ ability to obtain disclosure of wiretap evidence obtained (...)

Scanner Emergency in Aisle Five: US FTC Settles Bar Code Seller Invitation to Collude Case* In an interesting case that caught my eye yesterday and today, the U.S. Federal Trade Commission (FTC) has proposed a settlement in a case involving allegations that an online bar code re-seller engaged (...)

Why Is a Cartel Not a Cartel When at the Hands of Regulators?: The FTC’s Recent Licensing Note* In Canada, the United States and many other open western and eastern economies we fortunately live in free markets. That is to say companies in any sector can enter, devise a new product (or improve (...)

Antitrust & Associations: Two Association Related Output Restriction Cases – One Settling (Doctors), the Other Starting Up (Eggs)* On my media sweep earlier, two interesting trade association cases caught my eye, both including allegations of “output restriction” or “boycott” type activities. (...)

Antitrust & Associations: Two Association Related Output Restriction Cases – One Settling (Doctors), the Other Starting Up (Eggs)* On my media sweep earlier, two interesting trade association cases caught my eye, both including allegations of “output restriction” or “boycott” type activities. (...)

Antitrust & Associations: Collective Refusals to Supply – What’s the Deal* Well summer is here and I have to admit that my blog output has slowed a bit (and likely will through the summer). Nevertheless, on my daily media and competition authorities sweep earlier I read what I thought was a (...)

New CD Howe Report on Canada/US Price Gap: Tariff and Supply Management Issues (Not Retailer Market Power)* Earlier on 6 May 2014, the C.D. Howe Institute issued a new report on the Canada/U.S. retail price gap issue entitled Sticker Shock: The Causes of the Canada-US Price Differential (...)

Bid-rigging Cases: Competition Bureau Charges IT Company, 6 Individuals in IT Bid-rigging Case* The Canadian Competition Bureau (Bureau) announced earlier on 2 May 2014 that criminal charges have been laid in a federal government IT contract-related bid-rigging case. According to the Bureau, (...)

Guilty Pleas in Ocean Freight Price-Fixing Cartel, Bureau Begins Promoting New Compliance Materials Earlier today, the Competition Bureau announced that one company and two individuals have pleaded guilty to price-fixing under the Competition Act in relation to an ocean freight cartel (see: (...)

U.S. FTC Finalizes Settlements in Association Code of Ethics Cases* As an update to two association cases that I blogged about last December (see: here), this past Friday the U.S. Federal Trade Commission (FTC) announced that it had approved settlements with two professional associations for (...)

Cartel Enforcement: In Europe, Like Canada, Cat & Mouse Game: Interesting Remarks by EU Competition Head Almunia* Earlier today (3 April 2014) I read remarks delivered by European Commission competition head Joaquin Almunia in Brussels on the topic of cartel enforcement (see: Fighting (...)

Competition & Taxis: A Few Uber Updates & Why Taxis are Like Typewriters* I’m getting closer to being a middle-aged guy – well, closer to middle age than a young guy. As such, I remember some of those things that commercials sometimes mock middle aged guys (or older guys than me yet) for (...)

New Anti-Cartel Compliance Materials Issued by Competition Bureau, Including Trade Associations Pamphlet* Canada’s Competition Bureau has issued a number of new anti-cartel (Competition Act conspiracy) compliance materials, including an updated version of its Bid-Rigging Pamphlet and two new (...)

BC Court Certifies Visa/MasterCard Conspiracy Class Action* In an interesting and important decision issued late last week, the British Columbia Supreme Court has certified a Competition Act class action against Visa Canada Corporation, MasterCard International Inc. and a number of major banks (...)

Competition Bureau Issues New Draft Price Maintenance Enforcement Guidelines* Canada’s Competition Bureau has issued new Price Maintenance Enforcement Guidelines for public comment (see: Competition Bureau Seeks Comments on its Draft Price Maintenance Guidelines). In making the announcement, (...)

U.S. DoJ Announces Record 14 Year Prison Sentence in Bid-Rigging Case* In what can only be described as a somewhat sobering announcement, the U.S. Department of Justice (DoJ) announced earlier today that a former prime contractor manager has been sentenced to serve 14 years in prison in an (...)

Competition & Pharmaceuticals: New Publication: “Competition Issues in the Distribution of Pharmaceuticals” (Including Canada & U.S.)* As part of its upcoming Global Forum on Competition, the OECD has published an interesting new report on competition in the pharmaceuticals sector (...)

Antitrust & Associations: German, Japanese Antitrust Authorities Take Action Against Associations in Price-fixing Cases* In two interesting trade association related cases that caught my eye today, the German (Bundeskartellamt) and Japanese (Fair Trade Commission – “JFTC”) antitrust (...)

Competition & Wireless: Want Your Say on Roaming, Wireless Regulation? CRTC Launches New Public Consultation* Earlier today, and close on the heels of the announcement of winners in the Government’s 700 MHz spectrum auction yesterday (see: here), the CRTC has announced that it is launching (...)

Auto Parts Investigation Rolls Along: Former Auto Parts Executive Sentenced to 1 Year in Prison for Deleting E-mails, Panasonic to Pay $4.5 M in Canada* In what can only be called a sobering reminder earlier on 20 February 2014 of the importance of not obstructing an ongoing criminal antitrust (...)

Trade Association Reportedly Used as Umbrella for Market Division, Output Restriction Cartel Agreement Among German Sugar Manufacturers* On 18 February 2014 the German antitrust authority (Bundeskartellamt) announced that it had fined Germany’s three largest sugar manufacturers € 280 million in (...)

Antitrust & Associations: Recent New Zealand Case a Reminder that Voluntary Industry Associations are Not Price Regulators* A New Zealand association related case announced today is a recent reminder that voluntary industry associations are not price regulators (see: Commission issues (...)

Beer Manufacturers Fined $145 M in Price-fixing Case – Other Brewers, Association Investigated* Earlier on the 13th of January 2013, the German antitrust authority (the Bundeskartellamt) announced that $145 million in fines had been imposed against five beer manufacturers and seven individuals (...)

Competition Bureau Announces First New Advocacy Initiative: Self-regulated Professions (Pharmacist Inducements in Alberta): Patient Care v. Competitive Markets* On September 10th, the Canadian Competition Bureau announced a public consultation for suggestions where it should intervene in (...)

Competition & Gas: Canadian Competition Bureau Contribution to OECD Study on Competition & Gas* On my daily media sweep earlier today, this interesting Competition Bureau contribution to an OECD study on competition and gasoline caught my eye (OECD Policy Roundtables – Competition in (...)

Canada’s Commissioner of Competition Talks Compliance & Cooperation (in India)* Canada’s (relatively new now) Commissioner of Competition is on the road at the moment, having delivered in India on 20 November 2013. In a short but focused speech in Kashipur India, the Commissioner focused (...)

New Publications: DoJ & FTC Testimony Posted from Antitrust Subcommittee Hearings* The Americans are not ones to pussy foot around when it comes to economic crime. Yesterday, the U.S. Senate’s Subcommittee on Antitrust, Competition Policy and Consumer Rights held cartel related hearings (...)

New C.D. Howe Institute Report on Indirect Purchaser Class Actions Before Supreme Court Decision – Consensus? Open the Door* Canada’s Supreme Court is expected to release a long awaited indirect purchaser competition class action decision on 31 October 2013. This case, and the tortuous (and (...)

New C.D. Howe Institute Report on Indirect Purchaser Class Actions Before Supreme Court Decision – Consensus? Open the Door* Canada’s Supreme Court is expected to release a long awaited indirect purchaser competition class action decision on 31 October 2013. This case, and the tortuous (and (...)

New C.D. Howe Institute Report on Indirect Purchaser Class Actions Before Supreme Court Decision – Consensus? Open the Door* Canada’s Supreme Court is expected to release a long awaited indirect purchaser competition class action decision on 31 October 2013. This case, and the tortuous (and (...)

Canadian Supreme Court Clears the Way for Indirect Purchaser Competition Class Actions: Reason and Clarity Prevail in Previously Muddled Area* Earlier today the Supreme Court of Canada (“SCC”) released three long-awaited companion judgments that finally create clarity and certainty in the area (...)

New Publications: OECD: Ex-officio Cartel Investigations and Use of Screens to Detect Cartels* The OECD has posted the papers from its recent (October 2013) discussion of ex officio cartel investigations and the use of screens to detect cartels. OECD overview: Fighting cartels remains a top (...)

Trade Association Compliance on New Competition Commissioner’s Radar* Canada’s new Commissioner of Competition, John Pecman, spoke in Toronto yesterday and delivered remarks that, as in recent speeches, included an emphasis on trade association compliance. In this, his second speech since (...)

New Competition Bureau Inquiries Bulletin & New Commissioner Remarks* Earlier today (3 October 2013) the Competition Bureau published for public consultation a new draft Inquiries Bulletin. Canada’s new Commissioner of Competition, John Pecman, also outlined some of the Bureau’s priorities (...)

Competition Bureau Issues New Immunity and Leniency Program FAQs* The Competition Bureau has issued revised Immunity Program FAQs and Leniency Program FAQs (see: Competition Bureau Publishes Revised Immunity and Leniency FAQs). In making the announcement, relating to the first update to its (...)

US Department of Justice Announces Two More Indictments in Auto Parts Price-fixing Investigation* On 19 September 2013 the United States Department of Justice (DoJ) announced that two executives of Fujikura Ltd. have been indicted for their roles in the ongoing global auto parts price-fixing (...)

Trade Associations Face Antitrust Challenges in Medical and Flour Association Cases* Two competition law cases caught my eye this morning in my daily media sweep involving trade associations – one with allegations of price-fixing against German flour mills and the other with a challenge by the (...)

Trade Associations Face Antitrust Challenges in Medical and Flour Association Cases* Two competition law cases caught my eye this morning in my daily media sweep involving trade associations – one with allegations of price-fixing against German flour mills and the other with a challenge by the (...)

New Competition Act Whistleblowers Page* Given the recently increased focus on criminal competition law matters (e.g., cartels) and whistleblowing, the latter in the competition law world and corporate crime area generally, I thought I would launch a new whistleblowing page on the blog. A (...)

Associations & Information Exchanges – German Case Highlights Importance of Commonsense Precautions to Reduce Competition Risk* Readers of my blog will know that I do a lot of work with trade and professional associations. In this regard, a topic that perennially arises (and which I (...)

Competition Bureau Issues No Action Letter in Maple/TMX Transaction* On July 4, 2012, the Competition Bureau announced that it had issued a No Action Letter clearing the Maple/TMX transaction (see: Competition Bureau Completes Review of Proposed Maple-TMX Transaction). In making the (...)

This article has been nominated for the 2013 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Competition Bureau Jointly Lays 77 Charges Against 11 Individuals and 9 Companies in Quebec Bid-rigging Case – Tough Stance on Criminal Enforcement Continues* On (...)