The evolving tort of conspiracy to restrain trade under Canadian common law.

A new Canadian look at antitrust issues would apply the tort of conspiracy to anticompetitive cartel practices. A relaxation of the traditional rule and permission for plaintiffs other than parties to the bargain to mount equitable challenges to contracts in restraint of trade or an application of the tort of conspiracy to agreements in restraint of trade will be necessary for third parties injured by such restraints to get relief. Courts should acknowledge that the Mogul Steamship doctrine no longer applies in Canada and use such a tort when the purpose of such an agreement was profit at the expense of seller, workers or buyers.