Wednesday, December 9, 2009

Collective Dominance In Canada: A New Direction

Posted by D. Daniel Sokol

Anita Banicevic & Mark Katz (Davies Ward Phillips & Vineberg LLP)explore Collective Dominance In Canada: A New Direction.

ABSTRACT: The October issue of Global Competition Policy contained an informative series of articles discussing the concept of "collective dominance,” principally from a European perspective. In this article, we provide a Canadian epilogue of sorts to that discussion, as collective dominance is emerging as a hot-topic in Canada as well.

Specifically, it appears that the Canadian Competition Bureau ("Bureau") will be taking a more aggressive approach than in the past to instances of what it regards as the collective (or "joint") abuse of dominance. This shift in approach is part of a broader effort by the Bureau to step up enforcement of the Competition Act's abuse of dominance provisions, in line with a renewed focus by competition authorities worldwide on the potentially anticompetitive effects of conduct by dominant firms.

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