The Federal Court of Appeal of Ottawa denies the Competition Bureau public interest privilege (Vancouver Airport Authority)

Last April, the Competition Tribunal (Tribunal) rejected arguments that the Tribunal's longstanding approach to public interest privilege should re-evaluated and found that class privilege protected documents from disclosure that the Competition Bureau (Bureau) had collected from third parties during its investigation. In a decision released on January 24, 2018, the Federal Court of Appeal quashed the Tribunal's decision, signalling a major change to the treatment of pubic interest privilege in Canadian competition law. Public interest privilege Since its establishment, the Tribunal has allowed the Commissioner of Competition (Commissioner) to resist disclosure of information collected from third parties during an investigation on the basis of public interest privilege. In the 1994

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Authors

  • Norton Rose Fulbright (Toronto)
  • Norton Rose Fulbright (Toronto)
  • Norton Rose Fulbright (Toronto)

Quotation

Kevin Ackhurst, Danny Urquhart, D. Michael Brown, The Federal Court of Appeal of Ottawa denies the Competition Bureau public interest privilege (Vancouver Airport Authority), 24 January 2018, e-Competitions January 2018, Art. N° 89996

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