Bill C-59 and its significant expansion of private competition litigation: Where are we now?

Recognizing the critical role of the Competition Act (the “Act”) in promoting dynamic and fair markets, Canada’s Minister of Innovation, Science and Industry, the Honourable François-Philippe Champagne, announced on February 7, 2022 that he would carefully consider ways to modernize and improve its operation. Following this announcement, significant competition law reform has taken place in Canada, including the passage of Bill C-19 on June 23, 2022, the passage of Bill C-56 on December 15, 2023 and the passage of Bill C-59 on June 20, 2024 (collectively, the “Bills”).

Continue Reading Series – The Evolving Competition Law Landscape in Canada: Part 5 – Private Competition Litigation

Deceptive Marketing Practices (Greenwashing, Ordinary Sales Pricing, Drip Pricing) – Where Are We Now?

Recognizing the critical role of the Competition Act (the “Act”) in promoting dynamic and fair markets, Canada’s Minister of Innovation, Science and Industry, the Honourable François-Philippe Champagne, announced on February 7, 2022 that he would carefully consider ways to modernize and improve its operation. Following this announcement, significant competition law reform has taken place in Canada, including the passage of Bill C-19 on June 23, 2022, the passage of Bill C-56 on December 15, 2023 and the passage of Bill C-59 on June 20, 2024 (collectively, the “Bills”).

The Bills include amendments that touch on virtually all facets of competition policy in Canada, including, without limitation, merger review, abuse of dominance, criminal cartels, competitor collaborations, deceptive marketing, private rights of action and market studies. All provisions of the Bills are now in force, with the exception of a select few amendments which will come into force in 2024 and 2025.

Continue Reading Series – The Evolving Competition Law Landscape in Canada: Part 4 – Deceptive Marketing Practices

Cartels, Agreements and Collaboration – Where Are We Now?

Recognizing the critical role of the Competition Act (the “Act”) in promoting dynamic and fair markets, Canada’s Minister of Innovation, Science and Industry, the Honourable François-Philippe Champagne, announced on February 7, 2022 that he would carefully consider ways to modernize and improve its operation. Following this announcement, significant competition law reform has taken place in Canada, including the passage of Bill C-19 on June 23, 2022, the passage of Bill C-56 on December 15, 2023 and the passage of Bill C-59 on June 20, 2024 (collectively, the “Bills”).

The Bills include amendments that touch on virtually all facets of competition policy in Canada, including, without limitation, merger review, abuse of dominance, criminal cartels, competitor collaborations, deceptive marketing, private rights of action and market studies. All provisions of the Bills are now in force, with the exception of a select few amendments which will come into force in 2024 and 2025.

Continue Reading Series – The Evolving Competition Law Landscape in Canada: Part 3 – Cartels, Agreements and Collaboration

Merger Review – Where Are We Now?

Recognizing the critical role of the Competition Act (the “Act”) in promoting dynamic and fair markets, Canada’s Minister of Innovation, Science and Industry, the Honourable François-Philippe Champagne, announced on February 7, 2022 that he would carefully consider ways to modernize and improve its operation. Following this announcement, significant competition law reform has taken place in Canada, including the passage of Bill C-19 on June 23, 2022, the passage of Bill C-56 on December 15, 2023 and the passage of Bill C-59 on June 20, 2024 (collectively, the “Bills”).

The Bills include amendments that touch on virtually all facets of competition policy in Canada, including, without limitation, merger review, abuse of dominance, criminal cartels, competitor collaborations, deceptive marketing, private rights of action and market studies. All provisions of the Bills are now in force, with the exception of a select few amendments which will come into force in 2024 and 2025.

Continue Reading Series – The Evolving Competition Law Landscape in Canada: Part 2 – Merger Review

Abuse of Dominance – Where Are We Now?

Recognizing the critical role of the Competition Act (the “Act”) in promoting dynamic and fair markets, Canada’s Minister of Innovation, Science and Industry, the Honourable François-Philippe Champagne, announced on February 7, 2022 that he would carefully consider ways to modernize and improve its operation. Following this announcement, significant competition law reform has taken place in Canada, including the passage of Bill C-19 on June 23, 2022, the passage of Bill C-56 on December 15, 2023 and the passage of Bill C-59 on June 20, 2024 (collectively, the “Bills”).

Continue Reading Series – The Evolving Competition Law Landscape in Canada: Part 1 – Abuse of Dominance

The Evolving Competition Law Landscape in Canada – Where Are We Now and What’s Next?

The final (and most significant) legislative bill in Canada’s current competition law reform process – Bill C-59 –  received royal assent on June 20, 2024. 

Recognizing the critical role of the Competition Act (the “Act”) in promoting dynamic and fair markets, Canada’s Minister of Innovation, Science and Industry, the Honourable François-Philippe Champagne, announced on February 7, 2022 that he would carefully consider ways to modernize and improve its operation. Following this announcement, significant competition law reform has taken place in Canada, including the passage of the following three bills:

Continue Reading BILL C-59 RECEIVES ROYAL ASSENT

On November 27, 2023, the Federal Government passed a Notice of Ways and Means Motion to introduce a bill entitled An Act to implement certain provisions of the fall economic statement tabled in Parliament on November 21, 2023 and certain provisions of the budget tabled in Parliament on March 28, 2023, which was tabled on November 30, 2023 as Bill C-59 (the “Bill”). The Bill proposes amendments that implement some of the goals discussed in the 2023 Fall Economic Statement, including significant and far-reaching amendments to Canada’s Competition Act (the “Act”).

Continue Reading Further and Significant Proposed Amendments to the Competition Act in the areas of Merger Review, Ordinary Sales Pricing, Drip Pricing and Environmental Claims 

The rise of Artificial Intelligence (AI) is transforming businesses around the world, offering unprecedented opportunities for innovation and economic prosperity. However, it also presents unique challenges for competition authorities tasked with ensuring fair and efficient markets. In response, the competition authorities such as the Canadian Competition Bureau, the UK Competition and Market Authority (CMA), the European Commission – DG Competition (EC) and the U.S. Federal Trade Commission (FTC) have been actively engaging in consultations and research to understand the implications of AI on competition policy. This blog highlights some of these agencies’ efforts to adapt competition policy to evolving digital markets as well as noting some of the key legal antitrust risks for business.

Continue Reading Competition Authorities shining the light on AI

On March 4, 2024, while attending the 2024 Prospectors & Developers Association of Canada’s annual convention, Canada’s Minister of Innovation, Science and Industry[1], François-Philippe Champagne, received a question about Québec-based SRG Mining Inc.’s (“SRG”) proposed plan to redomicile to the United Arab Emirates after agreeing to sell 19.4 percent of the company to China-based Carbon ONE New Energy Group Co., Ltd. (“Carbon One”).

Despite SRG’s belief that redomiciling would obviate the need to obtain the Government of Canada’s approval of the proposed deal, Minister Champagne reacted by stating that Canada would challenge the proposed avoidance of the Government of Canada’s review: “It’s never smart to try to circumvent the rules…[The federal government is prepared to use] every tool at our disposal [to make sure Canadian law is respected].

Shortly after Minister Champagne’s comments, SRG announced that it was no longer proceeding with the Carbon One transaction.

Continue Reading Canada Threatens to Challenge SRG Proposed Redomiciling Plan Removing the Need for Investment Canada Review

On March 22, 2024, Bill C-34 received royal assent, becoming the National Security Review of Investments Modernization Act. First introduced in the House of Commons by the Minister of Innovation, Science and Industry (the “Minister”) on December 7, 2022, the National Security Review of Investments Modernization Act represents the most significant amendment to the Investment Canada Act (the “ICA”) since the introduction of national security provisions in 2009. Notably, the new legislation:

  • Creates a suspensory pre-closing filing requirement and waiting period for investments in certain (yet-to-be) prescribed sensitive sectors, such as the interactive digital media sector and the critical minerals sector, for instance;
  • Creates a new authority for the Minister to initiate national security reviews under section 25.3 of the ICA and to accept undertakings to mitigate national security risk (previously, the authority for both of the foregoing rested with the Cabinet of Canada); and
  • Increases the maximum penalty for non-compliance with the ICA to $25,000 for each day of contravention, up from $10,000.
Continue Reading The National Security Review of Investments Modernization Act Receives Royal Assent