Competition Litigation

Torys has one of Canada’s leading competition litigation practices.

We represent national and international companies, individual defendants and trade associations in connection with criminal antitrust investigations and prosecutions, and we have successfully represented defendants against charges of anticompetitive conduct at trial. We represented the acquiring company in one of the only contested merger proceedings to ever proceed to trial before the Competition Tribunal. We have successfully represented defendants in resisting certification in proposed class proceedings and frequently represent defendants in both class proceedings and other private actions involving allegations of anticompetitive conduct.

Our competition litigators appear frequently before provincial courts of all levels, the Federal Court and the Supreme Court of Canada, as well as before the Competition Tribunal.

Our lawyers’ experience includes defending:

    • a large Japanese automotive parts manufacturer in an investigation under the Competition Act pertaining to alleged cartel activity in the global market for certain automotive parts
    • Tervita (formerly CCS Corporation), an Alberta-based provider of oil and gas waste disposal services, in challenging a decision by the Commissioner of Competition under s. 92 of the Competition Act before the Competition Tribunal, the Federal Court of Appeal and the Supreme Court of Canada to disallow Tervita’s merger with Complete Environmental Inc.
    • Hachette Book Group, a multinational publishing company, in resisting proposed class actions involving allegations of anticompetitive conduct in the Canadian market for eBooks
    • Daewoo International in an Ontario proposed class action relating to price-fixing litigation for CRT
    • Iovate Health Sciences in defending private litigation brought by a competitor in the Federal Court of Canada involving various breaches of the Competition Act (conspiracy, price discrimination, price maintenance and misleading advertising) in the markets for nutritional supplements
    • Lonza Inc. in multiple proposed Quebec class actions relating to price fixing allegations of vitamins
    • Flexible Foam Products in class proceedings in British Columbia and Ontario involving allegations of price-fixing in the Canadian market for polyurethane foam
    • Sears Canada and Sears Holdings Corporation in proposed class proceedings in Ontario and Quebec alleging a conspiracy to mislead consumers through the labeling of lawnmower horsepower capabilities
    • a German automotive parts manufacturer in proposed class proceedings relating to the Canadian market for automotive wire harnesses
    • Lan Airlines in proposed Quebec, Ontario and British Columbia class actions relating to price fixing allegations of fuel surcharges
    • United Airlines in proposed class proceedings in Ontario relating to alleged cartel activity involving the transatlantic and transpacific air passenger routes

With Torys, you’ll always get incredibly good professionals who can deal with the trickiest situations.
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