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

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Canadian Competition Authority, Competition Bureau statement on the application of the Competition Act to no-poaching, wage-fixing and other buy-side agreements, Statement, 27 November 2020

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. However, buy-side agreements can be challenged under another, non-criminal, provision (section 90.1), and terminated by the Competition Tribunal if they cause a substantial lessening or prevention of competition. Hot topic The Bureau’s statement comes as a result

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W. Michael G. Osborne, The Canadian Competition Authority confirms that no-poaching, wage-fixing, and other buy-side agreements do not violate the Competition Act’s price fixing provision, 27 November 2020, e-Competitions Criminal sanctions, Art. N° 98350

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