Competition Chronicle

Competition Chronicle

Competition & Antitrust | Foreign Investment

Anthony F. Baldanza

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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

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

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

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

Proposed Amendment to the Competition Act Respecting Unjustified Cross-Border Price Discrimination

Posted in Pricing and Distribution
Generally higher Canadian (compared to U.S.) retail prices have from time to time been a concern for Canadian consumers. This concern appeared to become more acute over the course of the last decade as the Canadian dollar moved more or less to parity with the U.S. dollar (although more recently the Canadian dollar has dipped… 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