Competition and Antitrust Law

Overview

Lavery is a firm of choice in the area of competition and antitrust law. We have long been recognized for our expertise in class actions instituted under the Competition Act. In addition, we are the only major law firm in Montréal with expertise in criminal and penal law – a significant advantage when defending clients subject to investigations or legal proceedings involving possible infringements of the Competition Act that could lead to heavy fines or a prison sentence.

If your corporation is majority owned by foreign interests, we can assist you with the acquisition of companies or assets or the establishment of a new business in Canada. 

If you wish to conclude agreements with suppliers, distributors, or clients, we can advise you on various aspects of the Competition Act, particularly with regard to illegal business practices and the abuse of a dominant position. With the assistance of our team of consumer law experts, we can advise you on the provisions of the Competition Act regarding false or misleading advertising. We can also help you file a complaint with the Competition Bureau or initiate legal proceedings against a third party or competitor engaged in unfair competition.

Services

  • Private actions and class actions
  • Defence in criminal prosecutions
  • Draft and review distribution and supply contracts and strategic alliance agreements
  • Advise clients respecting advertising and marketing
  • Opinions and proceedings before the Competition Bureau and the Competition Tribunal regarding mergers, acquisitions, and joint ventures
  • Requests for investigations, complaints, and negotiations with the Competition Bureau
  • Foreign investment in Canada

Representative mandates

  • Counsel for Volailles Inc. and Volailles Acadia Inc. (poultry suppliers) in a suit filed against them by Nadeau Poultry Farm Ltd. (slaughterhouse) before the Competition Tribunal and regarding the appeals to the Federal Court of Appeal and the Supreme Court of Canada
  • Represention of Toyota Canada Inc. and 37 of its dealers in the Montréal area in the Superior Court and the Court of Appeal in a class action commenced under the Competition Act with regard to the Toyota Access program
  • Acted in a suit in the name of Québec City against a “snow cartel”
  • Defense against a class action concerning dynamic random access memory (DRAM) – NEC
  • Counsel for Labatt Breweries in an investigation by the Competition Bureau regarding the maintenance of the price of beer in the Sherbrooke region
  • Notice of mergers and other proceedings with the Competition Bureau in the context of mergers and acquisitions
  • Representation of companies in voluntary filings and orders for the production of documents in the context of proposed mergers
  • Complaints to the Competition Bureau regarding illegal business practices, including one leading to the imposition of a fine by the Competition Bureau of $3,5 million