It is essential to ensure wherever you do business, it is conducted in alignment with competition laws. However, whether your business finds itself faced with allegations of anticompetitive practices or is on the receiving end of such practices, this conduct exposes your company to serious reputational and financial consequences. In particular, businesses with high market shares may be at higher risk of scrutiny. At Fasken, our Competition, Marketing & Foreign Investment (CMFI) group (with decades of experience) assists clients in minimizing this risk through cutting-edge knowledge that includes compliance and training of employees, providing advice and other assistance related to proposed strategic initiatives.
In Canada, our competition lawyers have negotiated with the Commissioner of Competition on behalf of our clients. We have also litigated against and for the Commissioner of Competition in various matters before the Competition Tribunal and the courts. The result of these negotiations and litigations have included such landmark decisions as Vancouver Airport Authority, and Canada Pipe. Through these types of representation for and opposite the Competition Bureau, our team has gained useful insight from both sides’ perspective and is further able to draw on this wealth of knowledge to strongly advocate for the clients we represent.
In South Africa, our team has been involved in seminal abuse of dominance cases before the Competition Tribunal, Competition Appeal Court and the Supreme Court of Appeal. This includes defending South Africa’s first excessive pricing complaint before the Competition Tribunal and the Competition Appeal Court, as well as cases involving essential facilities, price discrimination and margin squeeze.
Contact our CMFI team today to learn how we can help your business negotiate and resolve your most pressing abuse of dominance issues, so you can remain focussed on growing and strengthening your business.
