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Competition Chronicle

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Category Archives: Merger Notification & Review

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Competition Bureau Releases Updated Consent Agreement Template for Merger Remedy Negotiations

Posted in Competition Litigation, Merger Notification & Review
On September 29, 2016, the Competition Bureau (the “Bureau”) released a revised consent agreement template for merger remedy negotiations. The release of the Bureau’s updated template is timely, as the number of consent agreements registered with the Competition Tribunal (the “Tribunal”) have risen significantly since the last template was published in 2007. This year alone,… Continue Reading

Competition Bureau Issues “No Action” Letter Despite Likely Anti-Competitive Effects of Proposed Merger

Posted in Competition Litigation, Merger Notification & Review, Pricing and Distribution
Despite the fact that Canada’s Competition Bureau had concluded that the proposed acquisition of Canexus Corporation by Superior Plus Corp. would likely result in a substantial lessening of competition for the supply of various industrial chemical products in Canada, the Bureau issued a “no action” letter clearing the transaction under the Competition Act because of… 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

Canada’s Merger Notification Thresholds Increase

Posted in Merger Notification & Review
Increases to the merger notification thresholds under the Competition Act and the investment review threshold under the Investment Canada Act have been announced. Competition Act As published in Part I of the Canada Gazette on February 7, 2015, the pre-merger notification threshold relating to transaction-size for 2015 has increased to $86 million from the 2014 threshold of… 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

Bell Aliant Enters Into 20 Year IRU Agreement to Satisfy Vertical Foreclosure Concerns Regarding its Purchase of Ontera

Posted in Merger Notification & Review
On October 1, 2014, the Competition Bureau (the “Bureau”) announced that Bell Aliant Regional Communications Inc. (“Bell Aliant”) had addressed the Bureau’s vertical foreclosure concerns regarding its proposed acquisition of O.N. Tel Inc. (“Ontera”).  It did so by granting to Bragg Communications Inc. (“Eastlink”) a 20-year indefeasible right of use (IRU) of between two and… Continue Reading

Tribunal Clarifies Approach to Joint Control in Mergers

Posted in Competition Litigation, Merger Notification & Review
Case Note: Tiger Equity (Pty) Ltd and Murray & Roberts (Pty) Ltd / Competition Commission Case 01974 The South African Competition Tribunal has made a very useful decision regarding the practical approach in determining whether a merger arises by way of a number of firms acquiring what would be joint control over a target firm.… Continue Reading

Commissioner of Competition’s Remarks at the 2014 Canadian Payments Association’s Payment Panorama

Posted in Cartels & Other Competition Criminal Matters, Competition Compliance Programs, Merger Notification & Review, Pricing and Distribution
On June 26, 2014, the Commissioner of Competition John Pecman gave a speech at the 2014 Canadian Payments Association’s Payment Panorama in Charlottetown, Prince Edward Island. Mr. Pecman reiterated many of the key issues and initiatives that the Competition Bureau (the “Bureau”) has been focusing on recently, such as the 2014-2015 Annual Plan, restructuring of the… Continue Reading

Appointment of New Senior Deputy Commissioner of Competition

Posted in Abuse of Dominance, Cartels & Other Competition Criminal Matters, Competition Compliance Programs, Merger Notification & Review, Uncategorized
On June 5, 2014, Lisa Campbell was appointed to the position of Senior Deputy Commissioner of Competition of the Merger Branch of the Competition Bureau (the “Bureau”).  Ms. Campbell was mostly recently the Deputy Commissioner of the Fair Business Practices Branch of the Bureau.  A week later on June 12, 2014, Ms. Campbell gave a… Continue Reading

Competition Bureau Publishes 2014-2015 Annual Plan

Posted in Cartels & Other Competition Criminal Matters, Competition Compliance Programs, Merger Notification & Review, Pricing and Distribution
On May 5, 2014, the Competition Bureau published its inaugural “2014-2015 Annual Plan: Promoting Compliance for the Benefit of Canadian Consumers”, which briefly summarizes its activities in its 2013-2014 fiscal year and setting out its priorities for the coming year. Summary of Bureau Activities in 2013-2014 received 10 immunity and 11 leniency applications; executed 14… Continue Reading

Nordion Inc. – A “Made in Canada” Foreign Investment Solution

Posted in Competition Compliance Programs, Foreign Investment, Merger Notification & Review
Sterigenics International Inc., a sterilization services company owned by US-based private equity firm GTCR LLC, recently announced that it had entered into a definitive agreement to acquire Nordion Inc. which is a major Canadian health science company with global operations that provide sterilization technologies and medical isotopes products and services for the prevention, diagnosis and… 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

Canada’s Merger Notification Thresholds Increase

Posted in Foreign Investment, Merger Notification & Review
Increases to the merger notification thresholds under the Competition Act and the investment review threshold under the Investment Canada Act have been announced. Competition Act  On January 20, 2014, the Competition Bureau announced that the pre-merger notification threshold relating to transaction-size for 2014 will increase to $82 million from the 2013 threshold of $80 million.… Continue Reading