Can private parties sue for breach of the conspiracy provisions of the Competition Act?
Yes. Under section 36 of the Act any person that has suffered actual loss or damage as a result of a contravention of the criminal provisions of the Act, including the criminal conspiracy provisions, may commence a private damages action. Class actions are also possible for violations of the criminal provisions of the Act. In general, it is thought that the recent amendments (which have lowered the burden to prove criminal conspiracies) together with several recent class action cases in British Columbia and Ontario (which has made it easier to certify price-fixing class actions) will lead to an increase in competition law private actions in Canada.
Related Questions
- Can I be charged with a breach of The Private Investigators and Security Guards Act if I employ security guards/private investigators without holding a valid licence/registration?
- Can third parties bring private claims to enforce competition law in the national courts?
- Who enforces the conspiracy provisions of the Competition Act?
