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Competition Chronicle

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Category Archives: Competition Compliance Programs

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South Africa: More Merger Lessons

Posted in Competition Compliance Programs, Merger Notification & Review
Merger clearance in South Africa is not easy, nor quick. That may be a take-away from observing the recent clearance by the South African authorities of the DowDuPont global merger of equals covering markets for agricultural products, material sciences and chemicals as well as specialized health and electrical products. The merger was cleared some 15… Continue Reading

South Africa: The Competition Commission’s Market Inquiry into Data Services

Posted in Competition Compliance Programs, Competition Litigation
(The full version of this bulletin was originally published on Fasken.com – “The Competition Commission’s Market Inquiry into Data Services” – September 12th, 2017.) On 18 September 2017, the Competition Commission is expected to commence a market inquiry into data services in South Africa. This is the sixth market inquiry to be initiated by the… Continue Reading

The Canadian Competition Tribunal’s Jurisdiction: Broader Than You May Think

Posted in Competition Compliance Programs, Competition Litigation
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… Continue Reading

Competition Bureau Settles “Made in Canada” Advertising Dispute with Moose Knuckles

Posted in Competition Compliance Programs, Marketing & Advertising
The Competition Bureau (Bureau) announced on December 7, 2016 that the Commissioner of Competition (Commissioner) had reached a settlement with Moose International Inc. (Moose) regarding his concerns over Moose’s “Made in Canada” advertising and labelling with respect to certain of its premium brand parkas.  The settlement brings to an end legal proceedings between the parties… Continue Reading

Investment Canada: National Security Guidelines To Be Published

Posted in Competition Compliance Programs
On November 1, 2016, the Honourable William Morneau, Canada’s Minister of Finance, tabled his government’s Fall Economic Statement.  Included in the Statement was a commitment by the Liberal Government to ensure that Canada makes the most of every opportunity to attract global investment. Since his election in 2015, Prime Minister Justin Trudeau has indicated both… Continue Reading

Competition Bureau Conducts Internet Sweep Focusing on Online Reviews and Endorsements

Posted in Competition Compliance Programs, Marketing & Advertising
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… Continue Reading

Moose Knuckles Responds to Competition Bureau’s Misleading Advertising Complaint

Posted in Competition Compliance Programs, Marketing & Advertising, Pricing and Distribution
Moose International Inc. has filed its response to the Competition Bureau’s recent allegations that Moose had, contrary to paragraph 74.01(1)(a) of the Competition Act, made materially false or misleading “made in Canada” representations with respect to its Moose Knuckles winter parkas. In its response, Moose has asked that the Competition Tribunal dismiss the Commissioner of… Continue Reading

Competition Bureau Knuckles Down on “Made in Canada” Claim

Posted in Competition Compliance Programs, Marketing & Advertising, Pricing and Distribution
The Competition Bureau recently announced that it had taken action under the Competition Act against Moose Knuckles, a Canadian-based manufacturer of premium winter jackets, for alleged deceptive marketing practices associated with its high-end parkas.  The Bureau’s application to the Competition Tribunal alleges that the jackets are marketed as “Made in Canada” when the winter apparel is… Continue Reading

The Effect of the Trans-Pacific Partnership on Competition and Foreign Investment

Posted in Competition Compliance Programs, Competition Litigation, Foreign Investment
On November 5, 2015, the parties to the Trans-Pacific Partnership (“TPP”) concluded their last round of a 5-year, 19-round negotiation. The TPP is, ostensibly, a free trade agreement between Canada and 11 other countries, including Australia, Japan, Mexico, New Zealand, and the United States. It aims to provide duty-free trade on most goods, and to… Continue Reading

Changes to the Government of Canada’s Procurement Policies

Posted in Cartels & Other Competition Criminal Matters, Competition Compliance Programs, Competition Litigation
On July 3, 2015, Public Works and Government Services Canada (PWGSC) announced a new government-wide integrity regime for procurement and real property transactions. While the spirit of PWGSC’s “Ineligibility and Suspension Policy” is consistent with previous iterations of the federal government’s procurement practices, the contents of this policy are notably different. Indeed, in an effort… Continue Reading

Draft Update to Intellectual Property Enforcement Guidelines

Posted in Cartels & Other Competition Criminal Matters, Competition Compliance Programs, Competition Litigation, IP/Competition Interface
On June 9, 2015, the Competition Bureau (“the Bureau”) released, for public comment, an updated draft of its Intellectual Property Enforcement Guidelines (“the Guidelines”) proposing a number of substantive revisions. This update follows two earlier versions published in April 2014 and September 2014. The first two updates sought to address the 2009 amendments to the… Continue Reading

Information Technology and the Draft IP Enforcement Guidelines

Posted in Competition Compliance Programs, Competition Litigation
Under the auspices of John Pecman, Commissioner of Competition, the Competition Bureau has issued a draft of the revised Intellectual Property Enforcement Guidelines (the Draft Guidelines). While the Draft Guidelines will be subject to public consultation until August 10, 2015, they offer guidance as to how the Bureau might apply the Competition Act (the Act)… Continue Reading

New Canadian Competition Prosecution Service?

Posted in Cartels & Other Competition Criminal Matters, Competition Compliance Programs, Competition Litigation
On May 26, 2015 NDP MP Annick Papillon introduced Bill C-681: An Act to Amend the Competition Act (Competition Prosecution Service). The timing of the Bill is interesting.  It follows on the heels of a major 8 month criminal bid-rigging trial (R. v. Durward, TPG, et al.). In that case, the jury rejected the Crown’s… Continue Reading

Important Lessons for Business from Fasken Martineau’s Recent Victory in a Major Criminal Bid-Rigging Trial

Posted in Cartels & Other Competition Criminal Matters, Competition Compliance Programs, Competition Litigation
On April 27, 2015, Peter Mantas and Pat McCann secured a victory in a major criminal bid-rigging trial. This communique will provide you with some further information about the trial including why it is important for companies that engage in any procurements and why it is precedent setting. In a dramatic conclusion to an eight month… Continue Reading

Public Interest Clauses Raise Concerns with Merger Assessments

Posted in Competition Compliance Programs, Merger Notification & Review
The Competition Commission of South Africa (“Commission”) has extended the deadline for the submission of comments on the recently published draft Guidelines on the assessment of public interest provisions in merger regulation under the Competition Act  89 of 1998 (“the Act”). Public interest clauses in competition law have been the cause of some controversy.  Some… Continue Reading

2014 South African Antitrust/Competition & Marketing Law Year in Review

Posted in Abuse of Dominance, Cartels & Other Competition Criminal Matters, Competition Compliance Programs, Competition Litigation, Merger Notification & Review
The year of 2014 marked the 15 year anniversary of the South African Competition Authorities. The year’s highlights included some important merger decisions, implementation of the Competition Commission’s powers in relation to market inquiries, development of the law prohibiting excessive pricing, the appointment of a new Commissioner and important clarification of regional merger control laws… Continue Reading

Bill C-49, The Price Transparency Act: Less and More than Advertised

Posted in Cartels & Other Competition Criminal Matters, Competition Compliance Programs, Merger Notification & Review, Pricing and Distribution, Trade Associations
On December 9, 2014, Bill C-49, the Price Transparency Act, received first reading in the House of Commons. It proposes to amend the Competition Act in two respects.  First, it proposes price transparency measures, pursuant to which the Commissioner of Competition is (i) authorized to conduct inquiries to determine why a product or class of… Continue Reading

In the Clear: COMESA Merger Assessment Guidelines 2014

Posted in Competition Compliance Programs, Merger Notification & Review
The Common Market for Eastern and Southern Africa (COMESA) Competition Commission (CCC) is a regional regulator mandated with enhancing regional economic integration among the 19 Member States by promoting fair competition and securing consumer protection. The CCC published the long awaited Merger Assessment Guidelines on Friday, 31 October 2014.  The purpose of the Guidelines is… Continue Reading

Memorandum of Understanding Between the Competition Bureau and the Ontario Securities Commission

Posted in Abuse of Dominance, Cartels & Other Competition Criminal Matters, Competition Compliance Programs, Competition Litigation, Foreign Investment, Merger Notification & Review, Monopolization, Trade Associations
On November 25, 2014, the Ontario Securities Commission (“OSC”) and the Competition Bureau (the “Bureau”, together with the OSC, the “Participants”) announced that they have signed a Memorandum of Understanding (the “MOU”), aimed at developing cooperation and effective delivery of each agency’s respective mandates. The MOU signifies the acknowledgment of the important relationship between the… Continue Reading

Foreign Acquisition of Canadian Telecommunications Firm Approved by Industry Minister

Posted in Competition Compliance Programs, Merger Notification & Review
Industry Minister James Moore recently announced that he had given approval under the Investment Canada Act to the acquisition of majority control of WIND Mobile, a Canadian wireless telecommunications company, from WIND Mobile’s majority shareholder VimpelCom Ltd., a Russian-Dutch company, by AAL Acquisitions Corporation. AAL Acquisitions is an investment consortium reportedly including WIND Mobile founder… Continue Reading

Competition Bureau Names New Deputy Commissioner of Competition, Competition Promotion Branch

Posted in Competition Compliance Programs, Foreign Investment, Marketing & Advertising, Monopolization, Pricing and Distribution, Trade Associations, Uncategorized
On October 3, 2014, the Commissioner of Competition (“Commissioner”) announced the appointment of Rambod Behboodi as the Deputy Commissioner of the Competition Promotion Branch – the new branch within the Competition Bureau (“Bureau”) that will be created as part of the Bureau’s realignment initiative, where its existing eight branches will be consolidated into four.  The… Continue Reading

Competition Bureau Releases White Paper on Reverse-Payment Settlements

Posted in Cartels & Other Competition Criminal Matters, Competition Compliance Programs, Competition Litigation
On September 23, 2014, the Competition Bureau (the “Bureau”) released a white paper regarding reverse-payment settlements in pharma litigation, Patent Litigation Settlement Agreements:  A Canadian Perspective. According to the Bureau, the goal of the white paper is to provide background on Canada’s regulatory system governing generic entry, its applicable competition legislation, and the Bureau’s preliminary views… Continue Reading

Competition Bureau Publishes Draft Guidelines for the Production of Electronically Stored Information

Posted in Cartels & Other Competition Criminal Matters, Competition Compliance Programs, Competition Litigation
On August 26, 2014, the Competition Bureau (the “Bureau”) published draft Guidelines for the Production of Electronically Stored Information (the “Draft Guidelines”) for public consultation.  The Draft Guidelines sets out the Bureau’s preferred standard format for receiving electronically stored information during the course of an inquiry or investigation under the Competition Act (the “Act”), whether… Continue Reading

Competition Bureau Plans to Update its Information Bulletin on Corporate Compliance Programs

Posted in Abuse of Dominance, Cartels & Other Competition Criminal Matters, Competition Compliance Programs, Competition Litigation
On July 3, 2014, the Commissioner of Competition announced that changes to the Competition Bureau’s Corporate Compliance Programs Bulletin are planned.  The Bulletin was last amended in 2010 to address the 2009 and 2010 amendments to the Competition Act. Areas under consideration for updating include: the appropriate role of a company’s chief compliance officer; considering… Continue Reading