Competition Compliance Programs

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

Significant amendments to Canada’s Competition Act (the “Act”) are now law. The amendments can be broken down into five categories: (i) abuse of dominance, (ii) criminal cartel and competitor collaborations, (iii) marketing and consumer protection, (iv) merger review and (v) evidence gathering. All amendments are currently in effect with the exception of the new offence for wage-fixing and no-poach agreements and the increased penalties under the existing criminal cartel provisions of the Act, which will come into effect on June 23, 2023.

Continue Reading Canada’s New Competition Act Amendments and Private Competition Litigation: Compliance Tips for Businesses Operating in Canada

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

Since the Supreme Court of Canada’s 2013 trilogy of decisions in Pro-SysSun-Rype and Infineon, and its 2019 decision in Godfrey, plaintiffs have had considerable success certifying private antitrust/competition class actions in Canada.  It is thus noteworthy that a number of recent decisions suggest a growing judicial willingness to limit or dismiss proposed competition class actions at the certification stage or before certification through preliminary motions.

Continue Reading Competition Class Actions in Canada: Takeaways from 2021 and Trends for 2022

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

On May 6, 2021, the Competition Bureau (the “Bureau”) released its new (and long-awaited)  competitor collaboration guidelines (the “New CCGs”). This is the first update to these guidelines since the previous version was published by the Bureau over a decade ago, in 2009 (the “2009 CCGs”).

The New CCGs

Never before have foreign investors faced the same level of scrutiny or uncertainty  

Bill C-20 has passed Canada’s Senate and received Royal Assent, becoming law on July 27, 2020. Part 3 of the Bill becomes the Time Limits and Other Periods Act (COVID-19) and will be of particular and urgent interest to non-Canadians contemplating the

The COVID-19 pandemic has impacted our lives in countless ways. For example, most of us are now working remotely for our home offices, living rooms or kitchen tables. In-person meetings have been replaced by video calls, email and texts. This is expected to continue for weeks – if not months – as governments at all levels are requesting that Canadians stay home in an attempt to “flatten the curve”.

While statistics aren’t available, it’s reasonable to assume that the number of documents being created and retained by businesses has increased since the pandemic began. In many cases, these documents are likely being drafted quickly and without regard to the tremendous impact that they could have on the business, including in the context of future antitrust investigation or proceedings. A short refresher on document creation – including the problems that bad or hot documents may create – is in order.

Continue Reading Bad Documents – So What’s the Problem?

The COVID-19 crisis has caused havoc to daily life and to economies around the world. Among other things, it has put immense pressure on businesses to coordinate and collaborate with each other in order to address unprecedented disruptions to major parts of the economy (e.g., shortages of essential goods and services, collapse of supply chains,