Private Competition Litigation in Canada

Davit Akman, Adam Fanaki, Mark Katz, Aug 31, 2010

Private competition litigation, particularly class action litigation, is an area of growing importance in Canada. In recent years, private actions have played an increasingly prominent role in the enforcement of competition law in Canada. The Canadian regime incorporates many elements of U.S. private antitrust litigation, while preserving a number of Canadian aspects intended to guard against abuses of the system, such as awarding compensatory damages only and not treble damages. The Canadian system may provide some useful lessons for those jurisdictions contemplating a move towards increased private litigation.

This note is intended to provide a brief overview of private competition litigation in Canada, as well as to highlight recent and potentially significant statutory and jurisprudential developments which could further increase the importance of private competition litigation in this country.