New Provisions of the Competition Act
September 2009
PRACTICE DIRECTION REGARDING THE NEW PROVISIONS OF THE COMPETITION ACT
The purpose of this Practice Direction is to provide guidance on the procedure to be followed before the Competition Tribunal with respect to the new provisions of the Competition Act, R.S.C. 1985, c. C-34 that came into force under Bill C-10, An Act to implement certain provisions of the budget tabled in Parliament on January 27, 2009 and related fiscal measures, S.C. 2009, c. 2, which received Royal Assent on March 12, 2009.
This Practice Direction is intended to clarify and supplement the Competition Tribunal Rules, SOR/2008-141 (“Rules”), until formal amendments to the Rules can be made. This Practice Direction should be read in conjunction with the existing Rules.
The Practice and Procedure of the Tribunal with respect to the new provisions of the Competition Act require the Rules to be supplemented as follows:
- How to move for an interim injunction to freeze assets in a case involving false or misleading representations to the public (s. 74.111)
Rules 96 to 99 shall apply to applications for interim injunctions under section 74.111 of the Competition Act.
- How private parties may seek leave under the new price maintenance provision (s. 76 and 103.1)
Rules 114 to 124 shall apply to applications filed pursuant to section 103.1 of the Competition Act in which the applicant seeks leave to make an application under section 76 of the Act.
- Applications by the Commissioner to deal with parties who have closed or wish to close transactions during the Commissioner's review period in merger cases (s. 123.1)
When such cases are urgent, the Rules relating to interim or temporary orders may be used (see Rules 96 to 98). In situations which are not urgent, the matter should be treated as a contested proceeding under Rules 35 to 80. If the Commissioner's counsel wishes a direction about how to proceed in a particular case, the Tribunal Chair may be contacted.
Justice Sandra Simpson
Chairperson