On June 23, 2022, Bill C-19, also known as the Budget Implementation Act, 2022, No.1 (“BIA”), received royal assent. As discussed in more detail in our previous blog post, the BIA included significant amendments to the Competition Act (the “Act”), including the addition of new criminal cartel provisions prohibiting so-called wage-fixing and no-poaching agreements, which will become effective as of June 23, 2023. More specifically, these provisions will prohibit agreements between unaffiliated employers to either “fix, maintain, decrease or control salaries, wages or terms and conditions of employment” or “not solicit or hire employees”.

Continue Reading Competition Bureau Issues Draft Guidelines on Wage-Fixing and No-Poaching Agreements: What You Need to Know

As discussed in our previous blog post, on November 17, 2022, the Honourable François-Philippe Champagne, Minister of Innovation, Science and Industry, launched the much anticipated public consultation on the second stage of potential amendments to the Competition Act (the “Act”).

As part of this consultation process, the Department of Innovation, Science and Economic Development (“ISED”) issued a discussion paper, titled The Future of Competition Policy in Canada (the “Discussion Paper”), which considers numerous issues and potential areas of reform, including in the mergers, unilateral conduct, competitor collaboration, deceptive marketing and administration/enforcement context. The Discussion Paper does not include any particular recommendations or proposed amendments to the Act. Rather, it simply sets the stage and invites feedback from interested stakeholders on the issues and potential areas of reform. Feedback can be provided on or before February 27, 2023.

To help businesses better understand the issues and potential areas of reform included in the Discussion Paper, we are releasing a series of blog posts discussing these issues and potential areas of reform on a topic-by-topic basis. This is the fifth and final blog post in the series, which is focused on administration and enforcement of the law.

Continue Reading Administration and Enforcement of the Law – Does the Government intend to give the Competition Bureau a stronger enforcement regime?

As discussed in our previous blog post, on November 17, 2022, the Honourable François-Philippe Champagne, Minister of Innovation, Science and Industry, launched the much anticipated public consultation on the second stage of potential amendments to the Competition Act (the “Act”).

As part of this consultation process, the Department of Innovation, Science and Economic Development (“ISED”) issued a discussion paper, titled The Future of Competition Policy in Canada (the “Discussion Paper”), which considers numerous issues and potential areas of reform, including in the mergers, unilateral conduct, competitor collaboration, deceptive marketing and administration/enforcement context. The Discussion Paper does not include any particular recommendations or proposed amendments to the Act. Rather, it simply sets the stage and invites feedback from interested stakeholders on the issues and potential areas of reform, which can be provided on or before February 27, 2023.

To help businesses better understand the issues and potential areas of reform included in the Discussion Paper, we’re releasing a series of blog posts discussing these issues and potential areas of reform on a topic-by-topic basis. This is the fourth blog post in the series, which is focused on deceptive marketing in Canada.

Continue Reading Deceptive Marketing – Enforcement in the Digital Age

As discussed in our previous blog post, on November 17, 2022, the Honourable François-Philippe Champagne, Minister of Innovation, Science and Industry, launched the much anticipated public consultation on the second stage of potential amendments to the Competition Act (the “Act”).

Continue Reading Unilateral Conduct – Changes on the Horizon?

Canada’s Minister of Innovation, Science and Industry, the Honourable François-Philippe Champagne (the “Minister”), announced on December 7, 2022 his commitment to protecting Canada’s economic and national security. Focused on key sectors such as critical minerals and artificial intelligence, the Minister tabled Bill C-34, the National Security Review of Investments Modernizations Act, (“Bill C-34”) which significantly amends the Investment Canada Act (the “Act”) for the first time since national security provisions were introduced in 2009. Bill C-34 is directed at modernizing the Act to better guard  against economic-based security threats that may arise from foreign investment and streamlining the existing national security review process. The amendments aim to enhance transparency, support greater investor certainty, improve Canada’s visibility on investments, and ensure that Canada is prepared to take action quickly where required.

Continue Reading Canada Announces Significant National Security Changes to Investment Canada Act

As discussed in our previous blog post, on November 17, 2022, the Honourable François-Philippe Champagne, Minister of Innovation, Science and Industry, launched the much anticipated public consultation on the second stage of potential amendments to the Competition Act (the “Act”).

Continue Reading Competitor Collaborations – The Path Forward

As discussed in our previous blog post, on November 17, 2022, the Honourable François-Philippe Champagne, Minister of Innovation, Science and Industry, launched the much anticipated public consultation on the second stage of potential amendments to the Competition Act (the “Act”).

Continue Reading The Merger Review Process – What Lies Ahead?

On November 17, 2022, the Honourable François-Philippe Champagne, Minister of Innovation, Science and Industry, launched the much anticipated public consultation for potential amendments to the Competition Act (the “Act”).

Continue Reading ISED Launches Consultation on Comprehensive Review of the Competition Act

On September 20, 2022, the Competition Bureau (the “Bureau”) hosted its Competition and Green Growth Summit (the “Summit”). In a nutshell:  while the Competition Bureau did not provide any definitive policy pronouncements or specific directives (as the Summit was structured as a high level discussion on the intersection of competition law, deceptive marketing and sustainability policies), sustainability related matters are clearly an enforcement priority for the Bureau. Among other things, Commissioner Boswell highlighted the need for urgent action in addressing climate change and the increased interest by consumers and businesses in moving towards a greener economy.

Continue Reading Competition Bureau Green Growth Summit – Summary and Key Takeaways

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