Getting the Deal Through (Canada Chapter) – Cartel Regulation 2019 


March 2019

Cartel activity is the top enforcement priority for virtually every competition agency. Leniency programs continue to evolve and coordination between agencies on international cases is increasing.  While new cartel investigations appear to have dropped off somewhat, the complexity and risks for firms that are involved in potential activity is at an all-time high. 

During the past year, the Canadian Competition Bureau and the Public Prosecution Service of Canada revised their immunity and leniency programs in light of enforcement experience on domestic and cross-border cases over the past several years. In addition, class actions to recover damages are flourishing in a legal framework which allows indirect purchaser claims, employs lenient thresholds for certification of class proceedings and applies a broad effects-based approach to jurisdiction.  

McMillan’s Competition Group has been at the forefront of cartel investigations and class action litigation in Canada over the past two decades, and we hope the Canada chapter we have prepared for this volume will be a valuable reference for managing any Canadian issues that you may encounter. 

For the full report, download the Canadian Chapter of Getting the Deal Through - Cartel Regulations 2019