Competition is good. In most industrialized countries, including Canada, this belief in the value of competition – that consumer and businesses prosper in a competitive and innovative marketplace – is a backbone of domestic and global economic policy. This belief is also the underpinning for the creation and enforcement of global and domestic competition/antitrust laws, including Canada’s Competition Act. The Competition Act seeks to maintain and encourage competition in Canada, primarily through public and private enforcement. Competition law, enforcement and policy feature prominently in political debate and in the press, particular due to concentration concerns and the vigorous enforcement of competition laws. This course aims to provide students with a basic understanding of competition law, enforcement and policy and the analytical tools necessary to assess (1) the impact of such on a firm’s behaviour and consumer well-being, and (2) how law can be applied to a firm’s business conduct. Key topics considered in detail in this course are: (1) all aspects of Canada’s Competition Act, including its reviewable practices and criminal offences; (2) the respective roles, investigative powers and decision making powers of the Canadian Competition Bureau, the Commissioner of Competition, the Public Prosecution Service of Canada, the Competition Tribunal and the Courts; (3) mergers; (4) collusion among competitors; (5) abuse of dominance or monopolization; (6) deceptive marketing practices; and (7) private enforcement.
Why take this course?
Individuals and firms, both small and large, require advice to ensure their conduct does not violate the criminal and civil provisions of competition law, is in compliance with all regulatory requirements, and does not result in exposure to civil suits by competitors, customers and suppliers. As a result, a basic knowledge of competition law is useful to anyone whose practice will have commercial aspects. Practitioners whose work may benefit from some knowledge of competition law include:
· Corporate and commercial practitioners (whether in a transactional or litigation practice) regardless of size of firm;
· Plaintiffs’ side lawyers (including tort lawyers);
· Criminal defence lawyers;
· Intellectual property lawyers;
· Lawyers who advise clients in industries subject to regulation;
· In-house lawyers who counsel business people about the legality of business plans and communications in the regular course of business; and
· Government lawyers.
Method of Evaluation:
80% final exam and 20% class participation. Students have the option of submitting a 40% research paper, which could reduce the weight of the final exam to 40%. The optional 40% research paper would be submitted on a “no downside risk” basis, namely if the student’s grade in the final exam is higher than the student’s grade in the final paper, the final exam will be weighted at 80%.
Class participation to be assessed based on attendance and contributions to class discussion.