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Chris Margison has over 20 years of private and public sector legal experience, including as Special Advisor to both the Commissioner of Competition and the Senior Deputy Commissioner, Cartels Directorate at the Competition Bureau.

On June 23, 2022, significant amendments were made to the Competition Act (the “Act”). Our previous blog post discusses these amendments in detail. Among other things, the proposed amendments added to the list of the factors enumerated in the Act that the Competition Tribunal (the “Tribunal”) may consider under the abuse of dominance, merger review and civil competitor collaboration provisions when determining whether a practice, merger or agreement prevents or lessens competition substantially.

Continue Reading POTENTIAL IMPACTS OF “NEW” SLPC FACTORS IN THE COMPETITION ACT

On August 17, 2022, the Federal Court of Appeal (the “FCA”) dismissed the appeal by Kobe Mohr in Mohr v. National Hockey League. In summary, the FCA found that the decision reached by the Federal Court was correct in its conclusion, and that neither s. 48(1) nor s. 45(1) of the Competition Act (the “Act”) apply to the conduct at issue.

Continue Reading Federal Court of Appeal Confirms Scope of Competition Act Conspiracy Provisions

On June 23, 2022, Bill C-19, also known as the Budget Implementation Act, 2022, No.1 (“BIA”), received royal assent. The BIA was tabled in Parliament on April 7, 2022 and included significant proposed amendments to the Competition Act (the “Act”).

Continue Reading Significant Amendments to Canada’s Competition Act Are Now Law: What You Need to Know

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 evaluate potential ways to improve its operation. This included, among other things, adapting the law to today’s digital reality to better tackle emerging forms of harmful behaviour in the digital economy; tackling wage-fixing agreements; modernizing the penalty regime to ensure that it serves as a genuine deterrent against harmful business conduct; more clearly addressing drip pricing; increasing access to justice for those injured by harmful conduct; and fixing loopholes that allow for harmful conduct. During an interview with the Toronto Star, the Minister suggested that this was the first step in a “comprehensive” review of the Act.

Continue Reading Significant Amendments to Competition Act Coming Soon

As discussed in more detail in our prior blog post titled “Competition Bureau Recommendations to Strengthen the Competition Act”, in a continuing effort to ensure that Canada has an effective and impactful competition law framework, Senator Howard Wetston invited interested stakeholders to participate in a consultation to promote additional dialogue on the path forward for Canadian competition law. As part of this consultation, Senator Wetston received comments from more than 25 stakeholders, including a detailed submission from the Competition Bureau (the “Bureau”).

The Bureau’s submission includes 35 wide-ranging recommendations that, if implemented, would fundamentally reshape competition policy in Canada. To help businesses better understand the impact of these recommendations, we are releasing a series of blog posts discussing the recommendations on a topic-by-topic basis. This blog post is focussed on abuse of dominance.

Continue Reading Competition Bureau Recommendations Regarding Abuse of Dominance

As discussed in our prior blog post titled “Competition Tribunal Dismisses Request for Interim Interim Order”, the Competition Tribunal (the “Tribunal”) previously found that it does not have the power to grant “interim interim” relief pending its decision for “interim” relief. While the Tribunal’s decision was initially upheld following an emergency motion before a single judge of the Federal Court of Appeal (the “FCA”), the jurisdictional question before it was recently overturned following a hearing before a full panel of FCA judges. In particular, this panel of judges confirmed that the Tribunal has the jurisdiction to temporarily block mergers (i.e., grant “interim interim”) where the Commissioner meets certain evidentiary and legal burdens.

This blog post includes some relevant background information, discusses the FCA’s recent decision and summarizes the implications for businesses going forward.

Continue Reading Canada’s Competition Tribunal Has Jurisdiction to Grant “Interim Interim” Relief in the Contested Merger Context

As discussed in more detail in our prior blog post titled “Competition Bureau Recommendations to Strengthen the Competition Act”, in a continuing effort to ensure that Canada has an effective and impactful competition law framework, Senator Howard Wetston invited interested stakeholders to participate in a consultation to promote additional dialogue on the path forward for Canadian competition law. As part of this consultation, Senator Wetston received comments from more than 25 stakeholders, including a detailed submission from the Competition Bureau (the “Bureau”).

Continue Reading Competition Bureau Recommendations Regarding Merger Review in Canada

Governments and competition agencies around the world, including those in Canada, the United States and Europe, are reviewing their competition policies to assess whether they are capable of addressing novel and complex issues arising in today’s fast-paced and ever-changing digital economy. These issues arise because the digital economy, unlike traditional markets, is often charactered by, among other things, platform-based business models, multi-sided markets, network effects, economies of scale, rapid technological change and disruptive innovation.

Continue Reading Competition Bureau Recommendations to Strengthen the Competition Act: Introduction

Canada’s Minister of Innovation, Science and Economic Development (“ISED”), Francois-Philippe Champagne, made two important announcements on Monday morning in an exclusive interview with Toronto Star business reporter, Christine Dobby, and in a subsequent press release: (1) the Government of Canada (the “Government”) will engage in a broad review of the Competition Act (the “Act”) with a view to promoting dynamic and fair markets, and (2) the $93 million transaction-size threshold for pre-merger notification will not be increased this year – an unusual development following a year of GDP growth.

Continue Reading Upcoming Review of the Competition Act and Other Developments

Competition, marketing and foreign investment law saw a number of changes in the past year. Many of these changes were in response to the continuing COVID-19 pandemic, which has significantly changed the way Canadians, businesses and government agencies operate. Despite the pandemic, the Competition Bureau (the “Bureau”) has actively continued its enforcement activity and provided a number of guidance documents to help businesses stay onside the Competition Act (the “Act”). Similarly, Canada’s Investment Review Division (“IRD”) of Innovation, Science and Economic Development Canada (“ISED”) has also responded to the challenges resulting from the pandemic.

Continue Reading Fasken’s Forecast for 2022 and Beyond: 2021’s Top 10 Trends in Canadian Competition, Marketing & Foreign Investment Law and what Businesses should expect in 2022