Overview

Competition law seeks to promote the proper functioning of markets, in order to deliver benefits to consumers such as lower prices, choice, and innovative products. This is achieved through provisions in the Competition Act addressing price fixing, mergers which may prevent or lessen competition, and dominant firm practices which exclude competitors or create barriers to entry. The second edition of the award-winning Canadian Competition Law and Policy provides a succinct, up-to-date, and accessible analysis of the Competition Act scheme, jurisprudence, and enforcement guidance issued by the Competition Bureau. It uses extensive case examples to illuminate concepts and legal tests and reflects recent writing and developments in the area. The book also provides legislative context and history and an approachable outline of key economic concepts. The second edition also touches on emerging topics like the conduct of dominant firms in digital and data-driven markets and the strengthened rules governing the review of mergers. The three rounds of amendments between 2022 and 2024, examined in the second edition, also include a reformed test governing the behaviour of dominant firms and an expanded private enforcement regime permitting the recovery of benefits derived from anti-competitive conduct. These developments, discussed in the book, make its publication very timely, as consumers, businesspeople, legal practitioners, and policymakers alike evaluate how these changes will affect the landscape of competition law in Canada in coming years.

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9781049801445

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Author Information

John S. Tyhurst is an adjunct professor of law at the University of Ottawa where he teaches competition law. He is a member of the BC and Ontario Bars. In a more-than-30-year career as litigation counsel in the federal Department of Justice, he had conduct of numerous competition law, constitutional, administrative law, and other cases. He acted as lead counsel for the Commissioner of Competition in the Rogers-Shaw merger litigation and has appeared before all levels of courts, including the Supreme Court of Canada in competition-related cases such as Tervita, Sun-Rype, and Nova Scotia Pharmaceutical Society.

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