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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,

The Competition Bureau Continues to Make History in its Enforcement of the Criminal Conspiracy Provisions of the Competition Act

For the second time in as many months, the Competition Bureau (the “Bureau”) has made an historic announcement about its efforts to enforce the criminal conspiracy provisions of the Competition Act (the “Act”).

On July 20,

On July 28, 2016, the Competition Bureau (the “Bureau”) released its 2016-2017 Annual Plan, entitled “Strengthening Competition To Drive Innovation”. While this year’s Annual Plan ostensibly repackages both the Bureau’s 3-year Strategic Vision and its 2015-16 Annual Plan, it does contain a few notable developments.

Indeed, the Bureau has introduced 10 new “areas of focus”

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

On June 2, 2016, the Competition Bureau (the “Bureau”) announced that Avis and Budget have agreed to pay a $3 million penalty for what the Bureau has concluded were false or misleading advertisements made to the public in respect of prices and discounts on car rentals and associated products. Avis and Budget also agreed to

On April 27, 2016, the Competition Tribunal (the “Tribunal”) ended the years-long dispute between the Competition Bureau (the “Bureau”) and the Toronto Real Estate Board (“TREB”) by ruling that certain of TREB’s practices are anticompetitive.

TREB — an association of real estate brokers — had adopted rules that barred brokers from disseminating detailed listing information

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

In an unprecedented move in Canadian competition litigation, the Competition Bureau and Parkland Fuel Corporation (“Parkland”) reached a consent agreement through mediation on March 29, 2016. The dispute—which was founded on the Commissioner of Competition’s (“Commissioner”) concerns that competition would be significantly lessened in eight local retail gas markets as a result of Parkland’s acquisition

On January 4, 2016, the Competition Tribunal (the “Tribunal”) released its first decision in respect of a refusal to deal case in almost 5 years. Indeed, the Tribunal dismissed Audatex Canada’s (“Audatex”) application for leave to bring a refusal to deal application under section 75 of the Competition Act (the “Act”) against CarProof and Markplaats,

On September 10, 2015, Christopher Staines filed a class action in the Ontario Superior Court of Justice against numerous banks for their role in an alleged conspiracy contrary to section 45 of the Competition Act (the “Act”). Staines claims, among other things, that the defendant banks had conspired, agreed and/or arranged with each other to