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Competition Litigation, including Class Actions


Class actions and allegations of competition law violation threaten your company’s ability to conduct daily business, complete mergers and build your brand at home or abroad.
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Overview

Class actions and allegations of competition law violation threaten your company’s ability to conduct daily business, complete mergers and build your brand at home or abroad.

In addition to defending clients in relation to investigations and prosecutions by competition enforcers, our Competition, Marketing & Foreign Investment (CMFI) team represents clients in class proceedings. Our clients include domestic and multinational corporations (MNCs) in a wide array of industries, such as aviation, transportation and logistics, telecommunications, media and entertainment, food, consumer products, chemicals, electronics, automotive, manufacturing, oil and gas and retail.

In Canada, we advise clients in high stakes competition civil and criminal litigation. Our competition lawyers have extensive trial and appellate experience, having appeared before Canada’s Competition Tribunal, superior courts in various provinces, the Federal Court of Canada, the Federal Court of Appeal and the Supreme Court of Canada. Members of our team have been involved in many of the leading and precedent setting litigated cases in Canada. 

In South Africa, we represent clients before the South African Competition Commission, the Competition Tribunal and the Competition Appeal Court. We have and continue to be involved in cartel defence work in cases before both the Tribunal and Appeal Court involving construction, steel, cement, resins and banking. Our lawyers defend clients’ interests by making comprehensive risk assessments and using reasoned, dynamic and highly effective courtroom advocacy.

For counsel that focuses on providing advice based on a 360o assessment and action plan, contact any member of our CMFI group to get you and your business “back on track”.

Client Work

  • Cermaq settles price fixing class action, [Case - Cermaq], Settlement of price fixing class action in the market for farmed Atlantic salmon.
  • Voxtur Analytics Corp. completes C$30.5 million acquisition of Appraisers Now Ltd., [Deal - Voxtur Analytics Corp.], Transformational real estate technology company acquires appraisal management SaaS that simplifies the way real estate appraisers manage their businesses
  • Music Choice vs. Stingray Digital Group Inc. and Nextologies Limited, [Case - Nextologies Limited], An action was commenced by Music Choice (USA) against Stingray Digital, Nextologies Limited and others regarding the launch of a new online music service for the Canadian market. The case involves corporate/commercial, competition, cross-border and broadcasting law. Fasken represented Nextologie...
  • Urlin Rent a Car Ltd. v. Furukawa Electric, 2016 ONSC 7965, [Case - G.S. Electech], Read the decision: Urlin Rent a Car Ltd. v. Furukawa Electric, 2016 ONSC 7965
  • Microsoft responds to major competition class action on behalf of indirect purchasers of PC software from Microsoft, [Case - Microsoft Corporation and Microsoft Canada Co.], The Plaintiffs alleged that beginning in 1988 Microsoft engaged in wrongful and anti-competitive behaviour and, as a result, engaged in overcharging for its Intel-compatible PC operating systems and Intel-compatible PC applications software. The Plaintiffs sought approximately $5 billion in damag...
  • Royal Bank of Canada responds to major competition class action, [Case - Royal Bank of Canada], Likely the largest civil claim in Canada at this time. Similar US actions have settled for approximately US$7 billion.
  • The Consumers' Association of Canada v. Coca-Cola Bottling Company et al, 2007 BCCA 356 (CanLII), [Case - Coca-Cola Bottling Company et al], The Supreme Court of British Columbia dismissed a proposed $130 million class action against operators of the beverage industry recycling system. The Court of Appeal upheld the decision of the Supreme Court. Leave to appeal to the Supreme Court of Canada was denied. Geoff Cowper, Q.C. and Tracey...
  • Exceldor acquires Grenville Poultry, [Deal - Exceldor], On March 5, 2007 Exceldor announced the acquisition of Grenville Poultry, confirming Exceldor's leadership in the marketing of fresh poultry in Canada. Grenville Poultry employs about 250 people at its Grenville facility, located in the Laurentides region, where some 400,000 chickens are proces...

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