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Competition Law Implications for Use of Big Data in Canada

  • 5 Jun 2018

The competitive performance of organizations, particularly in the digital economy, is increasingly driven by the ability to collect, analyze and use “big data”.  Under one view, big data has the potential to significantly increase value propositions for both consumers and businesses, while others hold that it has the potential to undermine the competitive process.

Please join us as David Kent discusses the Canadian Competition Bureau’s (“Bureau”) policy, analytical framework and guidelines regarding use of big data by companies in Canada and its recently published white paper entitled Big data and Innovation: Implications for competition policy in Canada released in September 2017.  David will also discuss the Bureau’s ongoing enforcement of cases in the digital economy in 2017 and its completed investigations against Google, Apple and Amazon.

David W. Kent is a partner in McMillan’s Litigation, Competition/Antitrust and Intellectual Property Groups.  He is the National Co-Chair of the firm’s Dispute Resolution and Class Action practices.

David’s practice emphasizes complex litigation involving competition, intellectual property, commercial, regulatory and securities and governance disputes in a wide variety of industries.  He has extensive experience in domestic, international and cross-border cartels, conspiracies and class actions.  David has been defence counsel in two of the largest Canadian criminal cartel prosecutions and in many of the major Canadian civil cartel cases (including Vitamins, Linerboard, Copper Futures, Rubber Chemicals, Travel Agents, Computer Components (including DRAM, SRAM, Flash, and LCD and CRT Monitors), E-Books and Credit Cards).  His class action experience includes precedent setting decisions on a wide range of issues including securities law, cartel jurisdiction, cross-border discovery and class action certification and settlement.  David has also advised Canadian and US broadcasters and cable networks and online music services on copyright issues for over 30 years, including issues arising from the use of music on the Internet.  David regularly appears before federal and provincial trial and appellate courts and administrative tribunals across the country.  He is a Fellow of the American College of Trial Lawyers.

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