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Highlights
COMPLIANCE PROGRAMS
Competition Compliance in Canada
Mark Katz
The Canadian Competition Bureau has
long promoted the implementation of
competition compliance programs. In June 1997, the Bureau issued an Information
Bulletin on Corporate Compliance Programs (the "Compliance Bulletin") to provide
companies with a clear understanding of the Bureau's views on the topic. More
recently, the Bureau commenced a consultation process to assess whether certain
aspects of its approach to compliance programs ought to be modified given the
passage of time since the Compliance Bulletin was first published. Mark Katz
summarizes some of the key aspects of the Bureau's approach to competition
compliance, including the reasons for implementing a Canadian compliance program
and the elements of an effective program. As the author notes, an effective
competition compliance program is a necessary proactive and preventive measure
for businesses. It is in many respects an
"insurance policy" for the company and an indispensable management tool. If a
company does not have a compliance program in place, it should consider
implementing one as soon as is feasible. The costs of a program are relatively
small, and the benefits are substantial, especially in comparison to the
potential risks of not having one.
CROSS-BORDER CLASS ACTIONS
Transnationalization of Class Actions: Canadian and
American Approaches to Jurisdiction Over Foreign Claimants
John R. Archibald, Cynthia L. Law*
In today's global marketplace,
Canadian companies increasingly market, transport, and sell their products in
more than one country. Corporate malfeasance – whether in Canada or abroad
– easily transcends national borders, potentially causing harm to both
Canadian and foreign consumers. For Canadian companies, most non-domestic
business and legal risk exists in the United States, Canada's largest trading
partner. In turn, the proliferation of transnational activity has given momentum
to a trend of American and Canadian class actions with non-resident class
members. Canada and the United States have legislative schemes that support the
class action, a mechanism for aggregating a large number of individual claims
into one representational proceeding. John Archibald and Cynthia Law consider
international class action risks faced by Canadian companies doing business in
both countries, examining the issue of international class certification and the
bases on which Canadian and American courts seem willing to assume jurisdiction
over foreign claimants. Though an international class action is likely to be a significant burden for a
defendant Canadian company, particularly if it is brought in a
plaintiff-friendly American jurisdiction, North American courts appear willing
to assume a wide jurisdiction.
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Board
Grant K. Weaver
Editor-in-Chief
Bull, Housser & Tupper
David A. Chaikof
Torys LLP
Riyaz Dattu
McCarthy Tétrault LLP
H. Scott Fairley
Theall & Associates
Paul M. Lalonde
Heenan Blaikie LLP
John Lorn McDougall, QC
Fraser Milner Casgrain LLP
James P. McIlroy
McIlroy & McIlroy Inc.
Julie A. Soloway
Davies Ward Phillips & Vineberg LLP
Brenda C. Swick
Ogilvy Renault |