Canada : Antitrust Class Actions

The Canadian Competition Act has granted to private parties the right to institute recourses in damages following violation of some of its provisions. However, several years went by before a civil action was instituted. The fact that the Federal Court of Canada as well as the majority of the Canadian provinces recently adopted class actions legislation has made civil recourses for breach of the Competition Act increasingly popular. The authors first examine the organization of the provisions of the Competition Act and, more precisely, section 36 permitting civil recourses following a violation of the Act. To that effect, the authors review the rules of procedure regulating section 36 such as the limitation period, the burden of proof, and the effect of evidence of a defendant’s prior criminal proceedings. The authors go on and consider the differences between the American anti-trust legislation and the Canadian Competition Act. They conclude with an analysis of the requirements in Canadian and Quebec jurisdictions necessary for the Courts to grant certification of a class action, and the various Competition Act class actions that were brought to date.