Blakes has been at the forefront of Competition Bureau proceedings brought against companies for abuse of dominance and other reviewable practices. We have represented numerous clients in connection with confidential abuse of dominance investigations or inquiries conducted by the Competition Bureau, some of which became public upon proceeding to litigation, such as e-books, Vancouver Airport Authority, Air Canada/CanJet, Tele-Direct and Nutrasweet.
We acted as lead counsel in the Federal Court of Appeal and Supreme Court of Canada in Canada Pipe, the first of only two abuse of dominance cases to go to those courts, and as lead counsel at the Supreme Court of Canada in the only other such abuse of dominance case, TREB. Blakes also acted for Visa Inc. in respect of a landmark Competition Tribunal case under the reviewable price maintenance provision of the Competition Act. Blakes lawyers have also represented clients in refusal-to-deal cases that went to the Competition Tribunal such as Fred Deeley and Wyeth.
Using our knowledge of the Bureau’s policies and the law, we have successfully negotiated numerous settlements of abuse of dominance cases for our clients, most of which were resolved informally and confidentially. Companies also rely on our guidance when dealing with investigations in other jurisdictions, particularly when there is a possibility that a parallel investigation may be commenced in Canada.