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Category Archives: Competition Compliance Programs

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Memorandum of Understanding Between the Competition Bureau and the Ontario Securities Commission

Posted in Abuse of Dominance, Cartels & Other Competition Criminal Matters, Competition Compliance Programs, Competition Litigation, Foreign Investment, Merger Notification & Review, Monopolization, Trade Associations
On November 25, 2014, the Ontario Securities Commission (“OSC”) and the Competition Bureau (the “Bureau”, together with the OSC, the “Participants”) announced that they have signed a Memorandum of Understanding (the “MOU”), aimed at developing cooperation and effective delivery of each agency’s respective mandates. The MOU signifies the acknowledgment of the important relationship between the… Continue Reading

Foreign Acquisition of Canadian Telecommunications Firm Approved by Industry Minister

Posted in Competition Compliance Programs, Merger Notification & Review
Industry Minister James Moore recently announced that he had given approval under the Investment Canada Act to the acquisition of majority control of WIND Mobile, a Canadian wireless telecommunications company, from WIND Mobile’s majority shareholder VimpelCom Ltd., a Russian-Dutch company, by AAL Acquisitions Corporation. AAL Acquisitions is an investment consortium reportedly including WIND Mobile founder… Continue Reading

Competition Bureau Names New Deputy Commissioner of Competition, Competition Promotion Branch

Posted in Competition Compliance Programs, Foreign Investment, Marketing & Advertising, Monopolization, Pricing and Distribution, Trade Associations, Uncategorized
On October 3, 2014, the Commissioner of Competition (“Commissioner”) announced the appointment of Rambod Behboodi as the Deputy Commissioner of the Competition Promotion Branch – the new branch within the Competition Bureau (“Bureau”) that will be created as part of the Bureau’s realignment initiative, where its existing eight branches will be consolidated into four.  The… Continue Reading

Competition Bureau Releases White Paper on Reverse-Payment Settlements

Posted in Cartels & Other Competition Criminal Matters, Competition Compliance Programs, Competition Litigation
On September 23, 2014, the Competition Bureau (the “Bureau”) released a white paper regarding reverse-payment settlements in pharma litigation, Patent Litigation Settlement Agreements:  A Canadian Perspective. According to the Bureau, the goal of the white paper is to provide background on Canada’s regulatory system governing generic entry, its applicable competition legislation, and the Bureau’s preliminary views… Continue Reading

Competition Bureau Publishes Draft Guidelines for the Production of Electronically Stored Information

Posted in Cartels & Other Competition Criminal Matters, Competition Compliance Programs, Competition Litigation
On August 26, 2014, the Competition Bureau (the “Bureau”) published draft Guidelines for the Production of Electronically Stored Information (the “Draft Guidelines”) for public consultation.  The Draft Guidelines sets out the Bureau’s preferred standard format for receiving electronically stored information during the course of an inquiry or investigation under the Competition Act (the “Act”), whether… Continue Reading

Competition Bureau Plans to Update its Information Bulletin on Corporate Compliance Programs

Posted in Abuse of Dominance, Cartels & Other Competition Criminal Matters, Competition Compliance Programs, Competition Litigation
On July 3, 2014, the Commissioner of Competition announced that changes to the Competition Bureau’s Corporate Compliance Programs Bulletin are planned.  The Bulletin was last amended in 2010 to address the 2009 and 2010 amendments to the Competition Act. Areas under consideration for updating include: the appropriate role of a company’s chief compliance officer; considering… Continue Reading

Commissioner of Competition’s Remarks at the 2014 Canadian Payments Association’s Payment Panorama

Posted in Cartels & Other Competition Criminal Matters, Competition Compliance Programs, Merger Notification & Review, Pricing and Distribution
On June 26, 2014, the Commissioner of Competition John Pecman gave a speech at the 2014 Canadian Payments Association’s Payment Panorama in Charlottetown, Prince Edward Island. Mr. Pecman reiterated many of the key issues and initiatives that the Competition Bureau (the “Bureau”) has been focusing on recently, such as the 2014-2015 Annual Plan, restructuring of the… Continue Reading

Bureau Issues Bulletin on Inquiry Communications

Posted in Competition Compliance Programs
On June 26, 2014 and in furtherance of its objective of making its administrative practices more transparent, the Competition Bureau issued a new Bulletin, Communication during Inquiries. Under section 10 of the Competition Act, the Bureau is empowered to initiate inquiries into, among others things, transactions and business conduct that may be subject to the… Continue Reading

Appointment of New Senior Deputy Commissioner of Competition

Posted in Abuse of Dominance, Cartels & Other Competition Criminal Matters, Competition Compliance Programs, Merger Notification & Review, Uncategorized
On June 5, 2014, Lisa Campbell was appointed to the position of Senior Deputy Commissioner of Competition of the Merger Branch of the Competition Bureau (the “Bureau”).  Ms. Campbell was mostly recently the Deputy Commissioner of the Fair Business Practices Branch of the Bureau.  A week later on June 12, 2014, Ms. Campbell gave a… Continue Reading

Individual Sentenced to Three Years in Prison for Violating Canada’s Corruption of Foreign Public Officials Act: Will There be a Formal CFPOA Leniency Program in Canada?

Posted in Cartels & Other Competition Criminal Matters, Competition Compliance Programs, Competition Litigation
On May 23, 2014, the first individual in Canada ever convicted of violating Canada’s Corruption of Foreign Public Officials Act (the “CFPOA”) was sentenced to three years in prison. The individual, Nazir Karigar, was convicted of offering or agreeing to bribe a foreign official in contravention of the CFPOA on August 15, 2013, following a… Continue Reading

Competition Bureau Publishes 2014-2015 Annual Plan

Posted in Cartels & Other Competition Criminal Matters, Competition Compliance Programs, Merger Notification & Review, Pricing and Distribution
On May 5, 2014, the Competition Bureau published its inaugural “2014-2015 Annual Plan: Promoting Compliance for the Benefit of Canadian Consumers”, which briefly summarizes its activities in its 2013-2014 fiscal year and setting out its priorities for the coming year. Summary of Bureau Activities in 2013-2014 received 10 immunity and 11 leniency applications; executed 14… Continue Reading

Nordion Inc. – A “Made in Canada” Foreign Investment Solution

Posted in Competition Compliance Programs, Foreign Investment, Merger Notification & Review
Sterigenics International Inc., a sterilization services company owned by US-based private equity firm GTCR LLC, recently announced that it had entered into a definitive agreement to acquire Nordion Inc. which is a major Canadian health science company with global operations that provide sterilization technologies and medical isotopes products and services for the prevention, diagnosis and… Continue Reading

Competition Bureau Releases Draft Updated Intellectual Property Enforcement Guidelines

Posted in Competition Compliance Programs, IP/Competition Interface
On April 2, 2014 the Competition Bureau (the “Bureau”) released a draft update of its Intellectual Property Enforcement Guidelines (“IP Guidelines”) for public consultation. First released in 2000, the IP Guidelines articulate how the Bureau approaches the interface between competition policy and intellectual property (“IP”) rights, and describe how the Bureau will determine whether conduct… Continue Reading

Competition Bureau Releases Draft Price Maintenance Enforcement Guidelines

Posted in Abuse of Dominance, Competition Compliance Programs
On March 20, 2014, the Competition Bureau (the “Bureau”) released for public comment draft price maintenance enforcement guidelines. The draft guidelines are the Bureau’s first official statement regarding price maintenance since the decriminalization of price maintenance under the Competition Act (the “Act”). Through the decriminalization, the per se criminal offence was replaced with a civil… Continue Reading

2013 Canadian Antitrust/Competition & Marketing Law Year in Review

Posted in Abuse of Dominance, Cartels & Other Competition Criminal Matters, Competition Compliance Programs, Competition Litigation, Foreign Investment, IP/Competition Interface, Marketing & Advertising, Merger Notification & Review, Monopolization, Pricing and Distribution, Trade Associations
The principal Canadian competition law theme in 2013, as with the year before, was enforcement. Criminal enforcement in the areas of price-fixing, bid-rigging and misleading advertising continued with new guilty pleas against various companies and individuals (e.g. auto parts, air cargo, chocolate, real estate advisory services contracts, gasoline and retail multiple telemarketing schemes). The Competition… Continue Reading

2013 South African Antitrust/Competition & Marketing Law Year in Review

Posted in Abuse of Dominance, Cartels & Other Competition Criminal Matters, Competition Compliance Programs, Competition Litigation, Foreign Investment, IP/Competition Interface, Marketing & Advertising, Merger Notification & Review, Monopolization, Pricing and Distribution, Trade Associations
The year of 2013 provided further opportunity for development of South Africa’s competition policy, law and practice. The year’s highlights included the conclusion of the Competition Commission’s Fast Track Settlement  process involving bid rigging in the construction sector; some important merger decisions; developments in the law on pursuit of private damages; and clarity on numerous… Continue Reading

Fourth “Auto Parts” Guilty Plea in Canada

Posted in Cartels & Other Competition Criminal Matters, Competition Compliance Programs
On January 30, 2014, a Japanese bearings manufacturer of motor vehicle components, NSK Ltd. (“NSK”) pleaded guilty to two counts of bid-rigging, in violation of subsection 47(2) of the Competition Act.  The guilty plea arises from NSK’s participation in an international bid-rigging conspiracy. NSK was fined $4.5 million. According to the Competition Bureau’s press release,… Continue Reading