competition and antitrust
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bureau investigations
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bureau investigations

The Competition Bureau has far-reaching investigative powers, including search and seizure (of computer records as well as physical documents), and "Section 11 Orders" to compel the production of documents, require responses to written interrogatories and to obtain depositions from witnesses.  In certain cases wiretaps are also available.  The Competition Bureau can obtain search warrants and Section 11 Orders in connection with investigations into both civil reviewable practices and criminal offences under the Competition Act.

Our experienced competition practitioners develop and implement the most effective and cost-efficient strategies from immediate on-site assistance to building a full and aggressive defence or co-operating with the authorities to bring an investigation to an early conclusion.

Representative Transactions/Cases
  • Advised and assisted numerous companies in responding to search warrants including legal issues related to electronic searches in and beyond Canadian borders as well as the legality and scope of warrants
  • Represented respondents to section 11 orders involving documents, written returns and depositions in investigations under the criminal, abuse of dominance, merger and other provisions of the Act
  • Challenged the scope/duration of an onerous section 11 order in the Federal Court
  • Negotiated consent prohibition orders and undertakings to resolve various Competition Bureau investigations

Publications / Presentations
September 2012
criminal charges for breach of merger consent order: yikes!
competition bulletin
March 2012
awarding costs under section 36 of the Competition Act: 321665 Alberta Ltd. v. ExxonMobil Canada Ltd.
competition bulletin
2011
Canada Chapter in: Getting the Deal Through - Private Antitrust Litigation 2011
Reproduced with permission from Law Business Research. This article was first published in Getting the Deal Through - Private Antitrust Litigation 2011, (published in October 2010; contributing editor Samantha Mobley). For further information please visit www.GettingTheDealThrough.com.