Pricing and vertical distribution arrangements are subject to close scrutiny under the Competition Act — with significantly expanded enforcement powers and AMP exposure following the 2022–2024 reforms.
Pricing and vertical distribution arrangements are subject to close scrutiny under the Competition Act. Recent amendments have significantly expanded the scope and enforceability of these provisions — including through the introduction of administrative monetary penalties and expanded private access to the Competition Tribunal.
We advise manufacturers, suppliers, and distributors on pricing strategies, minimum advertised price programs, resale price maintenance, exclusive dealing, tied selling, market restriction, and refusal to deal. Our counsel is practical and business-oriented — helping clients structure commercial arrangements that hold up to regulatory scrutiny.
The expansion of section 90.1 to agreements between non-competitors, and significantly higher AMPs across pricing and distribution provisions, warrants a fresh review of standard supply, distribution, and licensing agreements for businesses operating in Canada.