Tony Di Domenico

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Tony is Regional Leader of Fasken Martineau’s National Antitrust/Competition & Marketing Group in Toronto and a partner in the Litigation, Class Action and White Collar Crime, Investigations & Compliance groups. Tony advises on all aspects of Canadian competition law, including mergers, criminal/cartel investigations, class actions, advertising and marketing practices and investigations (including price advertising, performance claims and other consumer matters), abuse of dominance and other reviewable practices.

To read more, please visit Fasken.com.

Latest Articles

The Canadian Competition Tribunal recently dismissed a jurisdictional challenge by HarperCollins to the Commissioner of Competition’s application for an order prohibiting the implementation of an alleged agreement between HarperCollins and other e-book publishers.  The Commissioner’s application is under section 90.1 of the Competition Act (“non-criminal agreements between competitors”).  It alleges, broadly speaking, that in 2010, HarperCollins US formed the anti-competitive arrangement in the US with other US publishers and retailer Apple. The decision is…
Citing the desire for a balanced approach to the needs of individuals and organizations under Canada’s anti-spam law, the Minister of Innovation, Science and Economic Development announced today that he is delaying indefinitely the coming into force of the private right of action provisions (section 51) in Canada’s anti-spam law (CASL). This important decision is welcome news to domestic and international businesses and other organizations subject to CASL. The private right of action had been…
This post has been prepared in collaboration with Chris Cole of Crowell & Moring law firm. Chris Cole is the Co-Chair of Crowell’s Advertising & Product Risk Management Group in Washington, D.C. In less than three months, Canada will introduce a private right of action arising from false or misleading representations made in electronic messages. These provisions target false or misleading advertisements in, for example, email and social media and arguably capture website advertising based on the…
This alert has been prepared in collaboration with Canada’s Fasken Martineau law firm. Mr. Di Domenico is a partner and regional chair of the firm’s Antitrust/Competition & Marketing Group in Toronto. Chris Cole is Co-Chair of Crowell’s Advertising & Product Risk Management Group in Washington, D.C. In less than three months, Canada will introduce a private right of action arising from false or misleading representations made in electronic messages. These provisions target false or misleading…
Now that 2017 has arrived, we are less than seven months away from private enforcement (particularly through class actions) for false or misleading electronic messages. CASL’s  amendments to the Competition Act sought to address deceptive marketing practices in the electronic marketplace. Three reviewable practices were created – all within section 74.011 of the Competition Act – that focus on false or misleading representations in electronic messages, such as in the subject line of an email, the…
Online reviews and endorsements are a growing tool used by businesses to sell their products and services.  Last month, the Canadian Competition Bureau (with international partners) conducted a “sweep” of the internet targeting online reviews and endorsements. The sweep is identifying websites that use online reviews or endorsements as part of their business model.  The Bureau has noted that it will follow-up with websites of concern, ranging from a warning or information letter to opening an…
Recent developments in Canadian competition law have caused the defence of criminal prosecutions and class action litigation under the Competition Act to be increasingly intertwined. The most significant of these developments is the Supreme Court of Canada’s trilogy of decisions that make it easier for indirect purchasers to bring competition class action claims. The availability of national indirect purchaser class actions in Canada obviously means that the number of persons who can pursue civil claims…
On May 23, 2014, the first individual in Canada ever convicted of violating Canada’s Corruption of Foreign Public Officials Act (the “CFPOA”) was sentenced to three years in prison. The individual, Nazir Karigar, was convicted of offering or agreeing to bribe a foreign official in contravention of the CFPOA on August 15, 2013, following a contested trial. The sentence demonstrates that Canadian Courts will treat bribing foreign public officials as a serious crime in Canada.…
On March 20, 2014, the Competition Bureau (the “Bureau”) released for public comment draft price maintenance enforcement guidelines. The draft guidelines are the Bureau’s first official statement regarding price maintenance since the decriminalization of price maintenance under the Competition Act (the “Act”). Through the decriminalization, the per se criminal offence was replaced with a civil offence, in which it is necessary to demonstrate that price maintenance conduct has had, is having or is likely…
The principal Canadian competition law theme in 2013, as with the year before, was enforcement. Criminal enforcement in the areas of price-fixing, bid-rigging and misleading advertising continued with new guilty pleas against various companies and individuals (e.g. auto parts, air cargo, chocolate, real estate advisory services contracts, gasoline and retail multiple telemarketing schemes). The Competition Tribunal (the “Tribunal”) released two decisions involving the Toronto Real Estate Board (“TREB”) and VISA and MasterCard that provided significant…