On November 13, 2014, Club Coffee announced that it had filed a complaint with Canada’s Competition Bureau in connection with the conduct complained of in its Ontario court proceeding (see our previous report available).

Under section 9 of Canada’s Competition Act, any six persons resident in Canada (who are over the age of 18) and who believe that a person (including a company) has contravened one or more of certain provisions of the Competition Act (including the deceptive marketing and restrictive trade practices sections of the Competition Act) may apply to the Commissioner of Competition to investigate the matter.

The Commissioner must then investigate the matter and may take further steps if the Commissioner considers that additional proceedings are warranted. Investigations under section 9 are conducted in private by the Competition Bureau.