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?
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
Competition law generally classifies relationships between firms as vertical (supplier and customer) or horizontal (competitors or potential competitors). The nature of the relationship has important implications for how the law applies.
Continue Reading Navigating Competition Law Compliance in Dual Distribution Relationships – Recent Case Law and Lessons from Europe
On September 20, 2021, Canadians will head to the polls to elect a new House of Commons. All of Canada’s major political parties have released political platforms which outline their plans to revise and, at least in their view, improve Canadian competition law and policy. Depending on which party is ultimately elected (and whether they win a majority), competition law in Canada may see some significant changes, including more serious penalties for existing offences and reviewable practices, as well as a few new ones.
Continue Reading How will the outcome of the 2021 Federal Election impact Competition Law in Canada?
Non-compete clauses are included in virtually all purchase and sale agreements. They are designed to ensure that purchasers realize the full value of the acquired business by, for example, prohibiting competition from vendors within a defined area for a certain amount of time.[1] There is no question that such clauses are valuable to purchasers and essential in the mergers and acquisition context.
The Canadian Competition Bureau (the “Bureau”) has long recognized that non-compete clauses “can serve legitimate purposes”. However, the Bureau’s approach to non-compete clauses has been revised in its updated Competitor Collaboration Guidelines (the “CCGs”), which were issued on May 6, 2021 – see our prior blog post titled “New Competitor Collaboration Guidelines”. Significantly, as discussed in more detail below, the Bureau has signalled that it may consider such clauses under the criminal cartel provisions in the Competition Act (the “Act”) where they, for example, amount to a market allocation agreement or there is evidence that they are nothing more than a “sham”.
Continue Reading Non-Compete Clauses – So What’s the Risk?
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
South Africa’s Competition Commission (the “Commission”) has published the finalised Terms of Reference for its Online Intermediation Platforms Market Inquiry (“OIPMI”). The OIPMI follows the Commission’s release of its “Competition in the Digital Economy” paper wherein it notes the benefits of online products and services but expressed concerns about the ‘winner-takes-all’ nature of some of
Canada’s Competition Bureau (the “Bureau”) has joined an international multilateral working group that will be focusing on the analysis of pharmaceutical mergers. Initiated by the U.S. Federal Trade Commission, the working group also includes the Antitrust Division of the U.S. Department of Justice, Offices of State Attorneys General, the U.K. Competition and Markets Authority (“CMA”)
Canadian competition law prohibits businesses putting two prices on one product and charging the higher of the two prices.
This concept of double ticketing was first introduced into Canadian law in 1975 to address stores listing two different prices for a single item; however, we are now seeing the concept being extended to
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 changed every aspect of how 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 also had to respond to the challenges posed by the pandemic.
Below we discuss ten key themes seen in the competition, marketing and foreign investment law space this year, and discuss what the year ahead has in store.
Continue Reading What 2020 tells us about 2021 and beyond: Fasken’s Year-End Review of the Top 10 Trends in Canadian Competition, Marketing & Foreign Investment Law
