Review of all Canadian Competition Law developments over the past year, plus some US developments, including: Mergers, Criminal, Private Actions, Reviewable Matters, Marketing Practices, The Long Arm of US Antitrust Top Stories

• Indirect purchasers cannot sue
• Damages no longer required?
• The wired and the wireless
• Winds of change
• Credit card rules challenged... priceless?
• Rebates, savings and gift cards

The Federal Court has recently ruled that the discoverability rule does not apply to extend the limitation period applicable to private actions launched to recover damages caused by breaches of the Competition Act. [more] Full article

AMPs have become widespread in administrative schemes in Canada because they fill a gap between traditional administrative and criminal enforcement tools. This paper explores the rationales that are behind the spread of AMPs in Canadian law. It outlines a number of AMP schemes in federal and provincial legislation. Finally, it discusses three issues that commonly arise in AMP proceedings: the availability of a due diligence defence, whether AMP provisions apply retrospectively, and interpretive difficulties raised by the novelty of language used in AMP provisions. [more] Full article

Contributors: The Hon. David C. Dingwall, P.C., Q.C., Kenneth Dekker, Michael Osborne, Fiona Campbell (Articling Student), and Brigid Wilkinson (Summer Student) An update on significant commercial litigation decisions released recently in Canada.

• Insurance companies hit with $455.7 million class action judgment
• Court of Appeal comes to the fork in the road – and takes it
• Alberta appeal court overturns unprecedented damages award to dismissed investment advisor
• Judgment granted in Ontario’s first-ever environmental tort class action
• The International Centre for Settlement of Investment Disputes – Its time has come!
• Court refuses to add to the contractual obligations of the vendor of a business

“Clarifications” from Canadian Lobbying Commissioner may prevent lobbyists from being members of political parties. On August 23, 2010, the Commissioner of Lobbying of Canada Karen Shepherd issued “clarifications” on when political activities by lobbyists create a conflict of interest. Unfortunately, these clarifications lack specifics and the Commissioner’s restrictions on political activities by lobbyists remain too broad. Indeed, they may bar some lobbyists from joining political parties. [more] Full article