Competition Tribunal

Amp Me to pay penalty to address Competition Bureau concerns over misleading advertising

Retrieved on: 
Tuesday, December 5, 2023

A Bureau investigation revealed that Amp Me allegedly purchased positive reviews from third parties between 2019 and 2022 to promote its mobile application.

Key Points: 
  • A Bureau investigation revealed that Amp Me allegedly purchased positive reviews from third parties between 2019 and 2022 to promote its mobile application.
  • The Bureau concluded that these reviews created a false or misleading general impression among the public.
  • As part of this settlement, the Bureau considered Amp Me's limited ability to pay a penalty in determining the conditions of the agreement.
  • Amp Me has agreed to the following conditions:
    pay a partial penalty of $310,000 upon signing the agreement, in satisfaction of the imposed penalty of $1,500,000.

Competition Bureau reaches agreement to protect real estate competition in the Northwest Territories

Retrieved on: 
Wednesday, November 29, 2023

GATINEAU, QC, Nov. 29, 2023 /CNW/ - The Competition Bureau announced today that it has entered into a consent agreement with the Northwest Territories Association of Realtors (NWTAR) to address concerns with its membership practices in the real estate sector.

Key Points: 
  • GATINEAU, QC, Nov. 29, 2023 /CNW/ - The Competition Bureau announced today that it has entered into a consent agreement with the Northwest Territories Association of Realtors (NWTAR) to address concerns with its membership practices in the real estate sector.
  • The Bureau concluded that the NWTAR's conduct was contrary to the abuse of dominance provisions of the Competition Act.
  • NWTAR is a trade association that represents real estate agents and salespeople in the Northwest Territories.
  • A consent agreement has the force and effect of a court order once it is registered with the Competition Tribunal.

TicketNetwork to pay $825,000 penalty to settle misleading advertising concerns in the ticket resale market

Retrieved on: 
Tuesday, November 21, 2023

A Bureau investigation concluded that TicketNetwork advertised tickets at unattainable prices, a practice known as drip pricing.

Key Points: 
  • A Bureau investigation concluded that TicketNetwork advertised tickets at unattainable prices, a practice known as drip pricing.
  • The Bureau found that the mandatory fees added more than 38% on average and, in some cases, over 53% to the advertised prices.
  • Ticket vendors must make true pricing claims, and resellers must stop misrepresenting that they're primary vendors when they're not.
  • Since 2019, the Bureau's successful actions to resolve concerns about misleading advertising in the ticketing industry, including drip pricing, have led to a total of over $6 million in penalties for Ticketmaster , StubHub and TicketNetwork.

Competition Bureau resolves competition concerns with Global Fuels acquisition of Greenergy's retail fuel business

Retrieved on: 
Thursday, October 26, 2023

GATINEAU, QC, Oct. 26, 2023 /CNW/ - The Competition Bureau announced today that it has reached an agreement with Global Fuels Inc. and its affiliates (Global Fuels), related to their proposed acquisition of Greenergy's Canadian retail fuel business.

Key Points: 
  • GATINEAU, QC, Oct. 26, 2023 /CNW/ - The Competition Bureau announced today that it has reached an agreement with Global Fuels Inc. and its affiliates (Global Fuels), related to their proposed acquisition of Greenergy's Canadian retail fuel business.
  • The Bureau concluded that the proposed transaction would likely substantially lessen competition in the sale of fuel to retail customers in Picton and Chatham, Ontario.
  • To resolve the Bureau's concerns, Global Fuels agreed to assign motor fuel supply agreements in these markets to a buyer (or buyers) to be approved by the Commissioner of Competition.
  • Greenergy is an international supplier and distributor of transportation fuels, with fuel supply businesses in the UK, Ireland, and Canada.

Despite legal costs awarded to Rogers-Shaw, the competition commissioner’s challenge to the telecom merger was not a waste of taxpayer money

Retrieved on: 
Saturday, September 16, 2023

On Aug. 28, the tribunal ruled that the commissioner’s approach to block the merger was “unreasonable,” although the Competition Bureau stands by its decision to challenge it.

Key Points: 
  • On Aug. 28, the tribunal ruled that the commissioner’s approach to block the merger was “unreasonable,” although the Competition Bureau stands by its decision to challenge it.
  • Since the costs will be covered by the Competition Bureau’s tax-funded budget, some think the commissioner was wrong to challenge the merger.
  • Since winners typically get some of their legal costs covered, it was never a question of whether Rogers and Shaw would be awarded compensation, but how much.

How costs are calculated

    • In competition cases, the tribunal has the final say on costs.
    • To better understand the tribunal’s decision we need to distinguish between two categories of costs: disbursements and legal fees.
    • Since tariffs have not kept pace with increasing legal costs, it has become more common for amounts to be calculated as a percentage of actual fees.
    • Regardless of the method used, however, the reimbursement is meant to cover only some of the actual legal fees incurred.

The tribunal’s decision

    • However, it’s important to put this part of the tribunal’s decision in perspective.
    • Its impact on the $13 million total was very small, since the vast majority (about 94 per cent) of it was for disbursements, not legal fees.
    • The tribunal also chose to impose the lower of two estimates that Rogers and Shaw proposed.
    • “It was by no means vexatious or irresponsible of him to [continue to pursue the case].

Contested cases are uncertain

    • Enforcement agencies like the Competition Bureau have a duty to pursue cases they consider to be well-founded and in the public interest.
    • Fighting uphill battles that require sophisticated arguments, or test new theories, are part of the job.
    • As people assess whether Boswell’s legacy should be continued, it’s important to base it on more than a few misunderstood lines in a judgment.

Federal Court of Appeal upholds Competition Bureau's successful challenge of Secure and Tervita merger

Retrieved on: 
Wednesday, August 2, 2023

GATINEAU, QC, Aug. 2, 2023 /CNW/ -The Federal Court of Appeal has dismissed a petition by Secure Energy Services, upholding the Competition Bureau's successful challenge of the merger of two rival suppliers of oilfield waste services.

Key Points: 
  • GATINEAU, QC, Aug. 2, 2023 /CNW/ -The Federal Court of Appeal has dismissed a petition by Secure Energy Services, upholding the Competition Bureau's successful challenge of the merger of two rival suppliers of oilfield waste services.
  • Secure's appeal looked to overturn a recent decision by the Competition Tribunal that ordered the company to sell 29 facilities to resolve ongoing harm to competition in Western Canada.
  • The Tribunal concluded that there was a substantial lessening of competition in 136 local markets in the Western Canadian Sedimentary Basin (WCSB) as a result of Secure's merger with Tervita Corporation.
  • In its decision, the Federal Court of Appeal found no merit in any of the issues raised by Secure in its appeal.

Competition Bureau reaches agreement with Superior to preserve competition in Canada's portable heating fuels market

Retrieved on: 
Wednesday, May 31, 2023

To resolve the Bureau's concerns, Superior has agreed to sell eight propane distribution hubs in Northern Ontario, including customer contracts and associated operating assets at each hub.

Key Points: 
  • To resolve the Bureau's concerns, Superior has agreed to sell eight propane distribution hubs in Northern Ontario, including customer contracts and associated operating assets at each hub.
  • The sale will be made to an independent purchaser to be approved by the Commissioner of Competition.
  • On December 22, 2022, Superior and Certarus entered into a definitive agreement whereby Superior would acquire all of the outstanding common shares of Certarus.
  • Superior and Certarus both supply portable heating fuels (propane and natural gas, respectively) over the road to industrial customers in Northern Ontario.

Competition Bureau sues Cineplex for allegedly advertising misleading ticket prices

Retrieved on: 
Thursday, May 18, 2023

GATINEAU, QC, May 18, 2023 /CNW/ - The Competition Bureau is taking legal action against Cineplex for advertising movie tickets at a lower price than what many consumers actually have to pay.

Key Points: 
  • GATINEAU, QC, May 18, 2023 /CNW/ - The Competition Bureau is taking legal action against Cineplex for advertising movie tickets at a lower price than what many consumers actually have to pay.
  • The Bureau alleges that Cineplex is breaking the law by adding an additional fee that raises the price of its tickets purchased online.
  • A Bureau investigation found that many consumers cannot buy tickets on Cineplex's website or mobile app at advertised prices because it adds a mandatory $1.50 online booking fee to the price of a ticket.
  • We're taking action against Cineplex because misleading tactics like drip pricing only serve to deceive and harm consumers.

McDermott Adds Prominent Antitrust Partner to Regulatory Practice in Washington, DC

Retrieved on: 
Wednesday, May 17, 2023

WASHINGTON, May 17, 2023 /PRNewswire/ -- International law firm McDermott Will & Emery is pleased to welcome antitrust partner Ryan Tisch to the firm's regulatory practice in Washington, DC.

Key Points: 
  • WASHINGTON, May 17, 2023 /PRNewswire/ -- International law firm McDermott Will & Emery is pleased to welcome antitrust partner Ryan Tisch to the firm's regulatory practice in Washington, DC.
  • "Global antitrust activity is at an all-time high, with the FTC and DOJ implementing assertive, difficult-to-navigate enforcement policies that are increasing uncertainty in the regulatory space," said Ray Jacobsen , global head of McDermott's Antitrust Practice Group.
  • Ryan's addition further strengthens our leading antitrust capabilities, providing clients with innovative, winning strategies across the spectrum of regulatory issues."
  • McDermott has an impressive track record as a leader in the antitrust sector, and I have long admired the depth and breadth of its regulatory practice.

Rogers and Shaw to Proceed With Transformative Merger

Retrieved on: 
Friday, March 31, 2023

The Rogers-Shaw merger builds on the deep investment legacies of JR Shaw and Ted Rogers, two of Canada’s greatest entrepreneurs.

Key Points: 
  • The Rogers-Shaw merger builds on the deep investment legacies of JR Shaw and Ted Rogers, two of Canada’s greatest entrepreneurs.
  • “Today begins an exciting new chapter for the future of connectivity in Canada,” said Brad Shaw, Executive Chair and CEO, Shaw.
  • As announced earlier today, Rogers, Shaw, the Shaw Family Living Trust, and Quebecor Inc. agreed to extend the outside date of the closing of the merger of Rogers and Shaw and the acquisition of Freedom Mobile by Videotron Ltd., a wholly-owned subsidiary of Quebecor, to April 7, 2023.
  • Prior to the close of the Rogers-Shaw merger (the “Rogers-Shaw Merger”), Shaw will sell Freedom Mobile to Videotron (the “Freedom Transaction”).