Canada: Antitrust/Competition Law

The Federal Court has interpreted the Competition Act's drip pricing provisions, establishing that concealment and sequence are essential elements of prohibited conduct. This decision in Kuling v. Ticketmaster L.L.C. clarifies that partitioned pricing, where all mandatory fees are displayed simultaneously and clearly, does not constitute drip pricing under Canadian competition law.

The Canadian Competition Bureau has reached a landmark settlement with Kalibrate Canada Inc. over concerns that its data analytics product facilitated anticompetitive behavior in the retail gasoline industry by sharing competitively sensitive station-level pricing and volume information. This case marks the first application of Canada's restructured abuse of dominance provisions and provides critical insights into the Bureau's evolving approach to information sharing, algorithmic pricing, and competition en

Canada's Competition Act has undergone significant reforms that expand enforcement powers, increase penalties, and broaden scrutiny of commercial conduct. These changes mean competition law considerations now extend well beyond mergers and acquisitions to encompass pricing practices, competitor collaborations, distribution arrangements, and marketing claims. Understanding these expanded requirements is essential for businesses operating in or entering Canadian markets.