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Robin has been involved in a variety of transactional matters, including mergers and acquisitions for both public and private companies, reorganizations, securities regulation matters and private placements. Robin has also assisted companies with a variety of competition and foreign investment law matters, including investigations and merger review proceedings under the Competition Act, and matters under the Investment Canada Act.

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 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

Last week, former Commissioner of Competition and Fasken Senior Business Advisor John Pecman published a highly topical article in the Financial Post outlining why knee-jerk antitrust reform may worsen inflation. Yesterday morning, the Minister of Innovation, Science and Economic Development Canada, Francois-Philippe Champagne, announced that the Government of Canada will engage in a broad review

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

On November 4, 2021, Justine Reisler and Robin Spillette attended the Global Competition Review’s annual Women in Antitrust conference in Washington, D.C. The event featured an incredible lineup of female lawyers and economists on panels addressing some of the most cutting-edge topics in antitrust today, namely: (i) assessing deal risk in a time of changing standards, (ii) approaches being taken by competition agencies to address global concerns about Big Tech, (iii) sustainable economic development, and (iv) innovation in the pharmaceutical sector.

Continue Reading Key Themes from the Global Competition Review’s Annual Women in Antitrust Conference

It is widely recognized and accepted that vertical mergers are generally pro-competitive or benign. For example, the Competition Bureau (the “Bureau”) has stated in its Merger Enforcement Guidelines (the “MEGs”) that vertical mergers “may not entail the loss of competition between the merging firms in a relevant market” and “frequently create

On August 16, 2021, the Competition Tribunal (the “Tribunal”) dismissed the Commissioner of Competition’s (the “Commissioner”) request for interim relief in connection with the recently-completed merger of SECURE Energy Services Inc. (“Secure”) and Tervita Corporation (“Tevita”) (the “Transaction”). In summary, in its decision made public

As noted in our prior blog post titled “New Competitor Collaboration Guidelines”, the updated Competitor Collaboration Guidelines (the “CCGs”) issued earlier this month include a new hypothetical example of an illegal “hub and spoke” conspiracy among a mid-stream distributor and the retailers selling its products. As discussed in more detail below,