FEDERAL COURT OF APPEAL DECISION IS A USEFUL REMINDER OF BASIC PRINCIPLES
On February 12, 2025 the Federal Court of Appeal ("FCA") issued a decision upholding the Federal Court ("FC") decision in Empire Company Limited and Sobeys Inc. v. the Attorney General of Canada (2025 FCA 34). The case dealt with an application for judicial review of a decision of the Commissioner of Competition to commence an inquiry under the Competition Act (the "Act", the same legislation which defines permissible multi-level marketing plans and illegal pyramid selling schemes in Canada).
Accordingly, the case serves as a reminder of several principles regarding the Competition Bureau that are relevant to direct selling companies.
The Judicial Review Application
While the judicial review application was about the commencement of an "inquiry"...
