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Tony Di Domenico

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Tony is a Partner and Co-Leader of the firm’s Antitrust/Competition & Marketing Group. As former counsel to Canada’s Commissioner of Competition (Department of Justice Canada) and having served as counsel in many of Canada’s most significant competition matters, Tony is widely recognized as one of Canada’s leading practitioners in competition law and litigation.

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Amid changing global trade policies and fresh off Canada’s thrilling Four Nations Cup hockey victory over the U.S., national pride is running high. As more Canadian consumers are demonstrating an increased preference for homegrown products over imports, businesses may be seeking to join in this patriotic fervour and amplify their Canadian identity by incorporating “Product of Canada” or “Made In Canada” labels into their marketing playbook.Continue Reading Navigating the Legal Complexities of Canadian-Origin Marketing Claims

The Competition Bureau (the “Bureau”) recently published interim guidance (the “Guidance”) outlining its preliminary enforcement approach to competitor property controls under the Competition Act (the “Act”). The Guidance was published after Parliament’s recent amendments to the Act in Bill C-59 and Bill C-56 expanded the scope of the civil…

On July 22, 2024, the Competition Bureau (the “Bureau”) announced that it is launching a public consultation to gather stakeholder feedback relating to the interpretation and application of the new greenwashing provisions of the Competition Act (the “Act”). Contemporaneously with this announcement, the Bureau also published a new issue (Volume 7) of its Deceptive Marketing Practices Digest, focusing on the application of provisions of the Act which existed prior to the amendments to environmental claims. As discussed below, the Digest does provide limited new guidance regarding environmental “claims about the future” (such as net zero claims).Continue Reading Competition Bureau Announces Public Consultation and Guidance on Greenwashing

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

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 

What antitrust scrutiny can U.S. private equity expect in Canada? 

Numerous recent proceedings by the U.S. Federal Trade Commission and Department of Justice have made antitrust issues top of mind for U.S. private equity (PE). 

Given the frequent investment by U.S. sponsors into Canada, it is prudent to query whether a similar increase in regulatory…

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 Canada Proposes a Significant Expansion of Private Competition Litigation:  the Breakdown and Takeaways

Merger review under the Competition Act (the “Act”) is undergoing significant change. As discussed in our previous blog post, the Federal Government has proposed significant amendments to the Act. These amendments, which are included in Bill C-56 and Bill C-59 (together, the “Bills”) and touch on virtually all facets of competition policy in Canada, represent “generational changes” that, according to the Government’s 2023 Fall Economic Statement, are intended to “help bring Canada into alignment with international best practices to ensure that our marketplaces promote fairness, affordability, and innovation”.Continue Reading Proposed amendments to the merger review process in Canada: Implications for businesses