Competition Litigation

Our competition litigation practice is a recognized market leader, with top ranked counsel handling the full spectrum of client issues, from cartel investigations, prosecutions and resolutions, to immunity and leniency applications, to contested mergers and other civilly reviewable matters before the Competition Tribunal, to defence of class actions and other lawsuits alleging competition law violations and economic torts. Stikeman Elliott’s competition litigators are known for dynamic and highly effective courtroom advocacy and a razor-sharp strategic approach, and that reputation serves our clients exceedingly well as they face the Competition Bureau, Public Prosecution Service of Canada, and class action plaintiffs.

We are privileged to be engaged on virtually every significant competition litigation matter – criminal investigations, class actions and reviewable matters – in Canada. We litigate cases across the country in a coordinated and strategic way, always understanding the interplay between regulatory, criminal, civil, and reputational exposures, and with a deep understanding of and focus on our clients’ business and business objectives. We work closely with our colleagues on the solicitors’ side of the practice, identifying and working together to minimize the risk of litigation exposure.

Clients faced with criminal exposure may choose to avail themselves of the Competition Bureau’s immunity and leniency programmes, in which case we have unmatched experience and relationships with the Bureau to achieve successful outcomes and minimize other exposures. For clients who choose to fight criminal charges, our team’s fearless advocacy and creativity in tackling novel issues leads to great results. In class action litigation, which is typically commenced in multiple Canadian jurisdictions, our litigators drive to a successful conclusion on a national basis, be it a contested result or a favourable settlement. It is fair to say that we act as counsel on more Canadian class actions involving allegations of anti-competitive conduct than any other Canadian law firm, most recently on matters including credit cards and interchange fees, e-books, multiple auto parts, roll-on/roll-off shipping, air cargo, LCD, capacitors, diamonds, and franchise cases, among others.

Stikeman Elliott also defends clients in contested applications brought by the Commissioner of Competition regarding reviewable matters before the Competition Tribunal, such as competitor collaborations, marketing practices and contested merger cases, as well as acting in private business-to-business litigation. We represented respondents in the first two cases brought under the new competitor collaboration provisions of the Competition Act (one of which is ongoing), and are also currently litigating a deceptive marketing practices application at the Tribunal.

  • Corporate Law Firm of the Year - Chambers Canada Awards 2017
  • Competition Law Firm of the Year - Chambers Canada Awards 2015
  • Chambers Canada 2021 for Competition/Antitrust
  • Chambers Global 2020 for Competition/Antitrust
  • Global Competition Review's GCR 100 2020 as an "Elite firm" in Competition
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