Most consumers are unaware of how corporate law and antitrust enforcement directly shape the fairness of the marketplace they rely on. Practices such as price‑fixing, bid‑rigging, and market allocation can quietly distort competition, inflate prices, and limit consumer choice. Cartel cases and broader competition‑law disputes reveal how coordinated corporate behaviour can undermine free markets and harm the public.
In this episode, nationally acclaimed competition lawyer David Kent sits down with episode host Julian Trotto to discuss the origins and impacts of these cases. Following a discussion of the Competition Act and the dynamics of competition law class actions, the pair dives into specific topics relating to AI, hotel pricing algorithms, gas stations and auction houses, exploring the complexity and nuances in this field of law.
The conversation explores the roles of the Competition Bureau and the Department of Justice, as well as the specialized Competition Tribunal, which utilizes experts like economists to adjudicate complex regulatory matters. The episode concludes with a discussion on the complexities of class action litigation and looks forward to what the next wave of litigation might have in store.
David Kent, a partner at McMillan LLP, specializes in Corporate and Commercial Class Action litigation in several industries. He was defence counsel in two of the largest Canadian criminal cartel prosecutions and in many major Canadian civil cartel cases involving vitamins, computer components, and credit cards.
Julian Trotto – Producer, Host, Editor
Pro Bono Radio is part of the Queen’s chapter of Pro Bono Students Canada. The Pro Bono Radio team are not lawyers, and this is not legal advice.
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Research Referred to in the Podcast:
Competition Act R.S.C., 1985, c. C-34
“Competition Act Amendments” – Subrata Bhattacharjee, Denes Rothschild, Joshua Abaki and Mohit Sethi, BLG
A Neil Campbell, David Kent, D Martin Law QC, J William Rowley QC, Cartel Regulation, “Canada.” (McMillian Binch LLP, 2003)
David Kent Bio, McMillan LLP
DRAM Class Action article, https://nationalpost.com/news/the-price-is-right
McMillan Article on DRAM, https://mcmillan.ca/insights/certification-denied-an-important-win-for-competition-class-action-defendants/
Credit Card Class Action https://mcmillan.ca/deals-cases/most-extensive-class-action-settlement-approval-contest-in-canadian-class-action-history/
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