Canadian Conspiracy (Cartel) Law

This Practice Note discusses the conspiracy and civil agreements provisions of the Competition Act, R.S.C. 1985, c. C-34. In particular, it discusses the necessary elements for sections 45 (criminal conspiracy offences) and 90.1 (civil agreements section), and what types of agreements may be challenged criminally compared to civilly. This Note also explains who may be liable for conspiracy offences, investigations and proceedings, penalties, exceptions and defences and the Competition Bureau’s Immunity and Leniency Programs, which can be important for individuals and companies to reduce liability, where a competition law offence has been committed).