Strategic antitrust guidance and risk management

In the dynamic landscape of Canadian competition law, companies need insightful legal guidance to navigate the complexities of compliance and investigations. At Osler, our clients receive strategic, flexible and practical advice to help them effectively and confidently manage their competition law risks.

Comprehensive antitrust advice and consultancy: Our practice is based on a deep understanding of how Canadian competition law applies to business conduct, agreements and contracts. We offer global clients a full spectrum of advice on competition law issues, including a review of distribution agreements, exclusivity agreements and cooperation with competitors. Osler’s experience includes advising on standard setting, intellectual property licensing, patent settlements, benchmarking, intelligence gathering and strategic unilateral litigation.

Strengthened representation in the field of civil competition law: As the landscape evolves with increasing challenges from private plaintiffs and the Competition Bureau, the need for experienced and trusted antitrust counsel has never been greater. The Osler team specializes in representing clients in high-impact civil investigations, leveraging our deep knowledge of the Bureau’s processes to achieve successful outcomes, whether by effectively responding to antitrust investigations or negotiating settlements, if necessary.

Criminal antitrust investigations: Our experienced specialists adeptly represent clients at all stages of domestic and international antitrust investigations, from initial “dawn raids” through defense strategies and litigation. Clients are guided through key decisions regarding immunity, leniency and cooperation with Canadian authorities (Competition Bureau and the Prosecuting Authority of Canada), ensuring a coordinated and consistent defense across all jurisdictions.

Investigations and Disputes Regarding Misleading Advertising: Advertising and marketing claims, without careful verification of their accuracy, can lead to legal and reputational problems for companies that could raise consumer ire, attract the attention of non-governmental organizations, and trigger enforcement actions and litigation. Osler provides pragmatic and business-oriented application advice Competition Act laws regarding deceptive marketing practices in connection with our clients’ advertising and marketing initiatives.

The stakes are high in both the criminal and civil law enforcement systems. Additionally, the Competition Bureau’s investigation and enforcement of marketing practices is becoming more stringent in the digital economy, with particular attention to issues such as drip pricing. Other areas requiring increased scrutiny include “eco-schemes” and other environmental claims, mere selling price claims, and the veracity of performance claims. Our lawyers work with our clients to provide practical, real-time advice to achieve their advertising goals while minimizing the risks arising from Competition Actdrawing on our deep knowledge of the Competition Bureau’s evolving enforcement approach and priorities.

Proactive compliance and internal investigations: The Osler team has been trusted by boards and senior management to conduct in-depth internal investigations, addressing compliance issues head-on to mitigate the risk of future breaches. Our attorneys help design, implement and monitor global antitrust audit and compliance programs tailored to each client’s unique business context and risk tolerance.

Osler’s competition law practice is a beacon of strategic guidance and risk management for businesses operating in the Canadian economy and beyond. Our commitment to providing flexible and practical advice, combined with our history of success in both consulting and litigation, positions us as the best choice for clients looking to protect their interests in the face of competition law challenges.