The CBA Competition Law Section's Competition Litigation Committee presents:

Here, There, and Everywhere: Jurisdiction, the Civil Provisions and s. 36 of the Competition Act

February 13, 2019 | 12:30 PM to 2:00 PM Eastern
Teleconference

In the eBooks case, the Tribunal grappled with the question of whether conduct that occurs outside of Canada, which has effects in Canada, can form the foundation of a s. 90.1 case.  In coming to the conclusion that it can, the Tribunal relied, among other things, on the real and substantial connection test developed in the courts, including in the context of competition class actions.  The Federal Court also addressed the question of territoriality in its ebooks judicial review decision. The Court found that s. 90.1 applies to all agreements and arrangements likely to prevent or lessen competition in a market in Canada, regardless of whether they are entered into within or outside Canada and regardless of whether or not there is a real and substantial connection between the impugned agreement or arrangement and Canada. The Panel will address the question of how far the Act’s reach goes, and what factors the courts and the Tribunal should consider when determining whether to assume jurisdiction over conduct that occurs outside Canada. 

Moderator
Nikiforos Iatrou, McCarthy Tétrault

Speakers
John Syme, Competition Bureau Legal Services
Michael Packer, Competition Bureau
Danielle Royal, Stikeman Elliott
Kyle Taylor, Affleck Greene McMurtry