Competition Chronicle

Competition Chronicle

Competition & Antitrust | Foreign Investment

Category Archives: IP/Competition Interface

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The Competition Bureau Clarifies its Enforcement Approach in IP Matters with Updated Intellectual Property Enforcement Guidelines

Posted in IP/Competition Interface
On March 31, 2016, the Competition Bureau (“Bureau”) published the long-awaited update to its Intellectual Property Enforcement Guidelines (“IPEGs”). According to the Bureau, the aim of the updated IPEGs is threefold. They: Clarify the Bureau’s position on patent litigation settlements and product switching—notably that settlements of proceedings under the Patented Medicines Notice of Compliance Regulations… 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

Competition Bureau Releases Draft Updated Intellectual Property Enforcement Guidelines

Posted in Competition Compliance Programs, IP/Competition Interface
On April 2, 2014 the Competition Bureau (the “Bureau”) released a draft update of its Intellectual Property Enforcement Guidelines (“IP Guidelines”) for public consultation. First released in 2000, the IP Guidelines articulate how the Bureau approaches the interface between competition policy and intellectual property (“IP”) rights, and describe how the Bureau will determine whether conduct… Continue Reading

2013 Canadian Antitrust/Competition & Marketing Law Year in Review

Posted in Abuse of Dominance, Cartels & Other Competition Criminal Matters, Competition Compliance Programs, Competition Litigation, Foreign Investment, IP/Competition Interface, Marketing & Advertising, Merger Notification & Review, Monopolization, Pricing and Distribution, Trade Associations
The principal Canadian competition law theme in 2013, as with the year before, was enforcement. Criminal enforcement in the areas of price-fixing, bid-rigging and misleading advertising continued with new guilty pleas against various companies and individuals (e.g. auto parts, air cargo, chocolate, real estate advisory services contracts, gasoline and retail multiple telemarketing schemes). The Competition… Continue Reading

2013 South African Antitrust/Competition & Marketing Law Year in Review

Posted in Abuse of Dominance, Cartels & Other Competition Criminal Matters, Competition Compliance Programs, Competition Litigation, Foreign Investment, IP/Competition Interface, Marketing & Advertising, Merger Notification & Review, Monopolization, Pricing and Distribution, Trade Associations
The year of 2013 provided further opportunity for development of South Africa’s competition policy, law and practice. The year’s highlights included the conclusion of the Competition Commission’s Fast Track Settlement  process involving bid rigging in the construction sector; some important merger decisions; developments in the law on pursuit of private damages; and clarity on numerous… Continue Reading