Tribunal experience. Deployed with rigour and precision.
Competition litigation requires counsel with Competition Tribunal experience, who understand how the Bureau constructs its evidentiary record, the arguments and evidence the Tribunal finds compelling, and who bring deep knowledge of existing competition jurisprudence combined with the agility and creativity that enables the crafting of winning arguments where there are lacunae. This is what Abaki Law brings directly to GCs, litigation counsel, businesses, and outside firms who need competition law depth at the moments that determine how a file resolves.
Joshua has acted as competition counsel on some of the most consequential competition litigation in Canada over the last decade.
Joshua acted in the precedent-setting Parrish and Heimbecker merger litigation concerning the acquisition of grain elevators in Western Canada. The case is significant for the Tribunal’s treatment of competitive effects evidence and pricing analysis, including the rejection of a “value-added” pricing framework advanced by the Commissioner. The decision clarified that price effects must be grounded in a reliable competitive benchmark tied to market realities, and reinforced the Tribunal’s insistence on economically coherent, evidence-based theories of harm rather than abstract or model-driven constructs. The case also provides important guidance on the limits of inference in localized markets, the role of internal documents, and the interaction between qualitative and quantitative evidence in merger review.
Joshua also acted in the first fully litigated drip pricing case before the Competition Tribunal, a case that established how the “general impression” test is to be applied under the deceptive marketing provisions of the Competition Act. In that case, the Tribunal rejected the lower standard argued for by the Commissioner and held that the legal perspective for the general impression test is that of the ordinary consumer of the product or service, which may be refined according to the nature of the representation at issue, the characteristics of the members of the public to whom the representation was made, directed, or targeted, the nature of the product or service involved, and the particular circumstances of the case.
Joshua also acted in the largest price-fixing class action in Canadian history, which included multi-jurisdictional class proceedings and related litigation addressing complex issues at the intersection of civil and criminal enforcement, particularly the scope and application of confidential informer privilege and disclosure constraints. He worked extensively with experts in the preparation of their reports for courts and settlement negotiations, and coordinated processes under the Bureau’s Immunity and Leniency Program.
Abaki Law operates as a competition litigation specialist, providing the competition law analysis that drives case strategy and working alongside litigation teams.
Bureau investigations and s.11 orders. When a Bureau inquiry moves toward a formal s.11 court order requiring document production, written returns, or oral examinations, the decisions made early on scope, privilege, and compliance strategy determine the trajectory of the file. We advise on s.11 response strategy, privilege claims, and the intersection of investigative procedure and litigation exposure.
Merger litigation. Where the Bureau applies for an injunction or challenges a completed transaction, proceedings move quickly and the competition law issues are technical. We provide market definition analysis, competitive effects theory, efficiency argument structuring, and expert witness instruction throughout.
Deceptive marketing and pricing enforcement. Recent amendments to the Competition Act materially increased enforcement exposure under the deceptive marketing provisions, including for drip pricing, ordinary selling price claims, and environmental representations. We have litigated these provisions and understand where the evidentiary issues concentrate.
Class action litigation support. We work with class action counsel on the competition law layers of competition class actions, including certification analysis, common issues structuring, expert report review, and settlement framing, ensuring competition analysis is accurate and defensible at each stage of the proceeding.
We provide competition law depth that anchors files and maintain working relationships with leading Canadian competition economists whose evidence has been tested before the Competition Tribunal and Canadian and international courts. For large-scale document production and review, we work with established document management platforms and coordinate with outside review teams, with competition-specific relevance and privilege determinations made by competition counsel.