Pricing and Distribution

On November 27, 2023, the Federal Government passed a Notice of Ways and Means Motion to introduce a bill entitled An Act to implement certain provisions of the fall economic statement tabled in Parliament on November 21, 2023 and certain provisions of the budget tabled in Parliament on March 28, 2023, which was tabled on November 30, 2023 as Bill C-59 (the “Bill”). The Bill proposes amendments that implement some of the goals discussed in the 2023 Fall Economic Statement , including significant and far-reaching amendments to Canada’s Competition Act (the “Act”).Continue Reading Canada Proposes a Significant Expansion of Private Competition Litigation:  the Breakdown and Takeaways

Federal Government Releases Proposed Bill relating to Fall Economic Statement – including Significant Competition Act Amendments

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Revised text of Bill C-56 Released

On November 27, 2023, the Federal Government passed a Notice of Ways and Means Motion to introduce a bill entitled An Act to implement certain provisions of the fall economic statement tabled in Parliament on November 21, 2023 and certain provisions of the budget tabled in Parliament on March 28, 2023, which was tabled on November 30, 2023 as Bill C-59 (the “Bill”). The Bill proposes amendments that implement some of the goals discussed in the 2023 Fall Economic Statement  to strengthen competition in Canada (as discussed in our previous blog post).Continue Reading Significant Competition Act Amendments on the Horizon

On October 5, 2023, the Competition Bureau (the “Bureau”) hosted a summit (the “Summit”) on competition law and policy in Canada. Among other things, the Summit included discussions focusing on Canada’s current economic landscape; the main barriers to competition in Canada; Canadians’ diverse perspectives on competition issues in Canada; and building a whole-of-government competition agenda.

This blog posts discusses a number of key themes and takeaways that emerged from the Summit, and which may inform the government’s approach  in the ongoing competition law reform process. Among other things, these themes included: (i) the need to implement an all of government approach regarding competition policy in Canada, (ii) lack of competitive intensity in Canada driven, in part, by regulatory barriers and burdens, and (iii) the need to modernize Canada’s competition laws.Continue Reading Takeaways from the Competition Bureau’s Competition Law Summit and Report on Competition

On September 18, 2023, Bill C-352, which was introduced by Jagmeet Singh (leader of the NDP), had its first reading in the House of Commons (the “Singh Bill”). On September 21, 2023, Bill C-56, which was introduced by Chrystia Freeland (Deputy Prime Minister and Minister of Finance), also received its first reading in the House of Commons (the “Government Bill”). Each of these bills includes significant proposed amendments to the Competition Act in response to the ongoing public consultation and legislation review process regarding competition policy in Canada.

While each of the bills share some similarities (including, for example, the introduction of market study powers and removal of the efficiencies defence), the bills include a number of different proposals and the Singh Bill includes overall more substantive recommendations for amendments to Canada’s existing competition law regime.Continue Reading Proposed Amendments to the Competition Act receive first reading in House of Commons

On June 27, 2023, the Competition Bureau  (the “Bureau”)  released its “Retail Grocery Market Study Report” (the “Report”). The Report is the result of the October 24, 2022 announcement by the Bureau that it would conduct a study of grocery store competition in Canada.

The Report observes that grocery prices have been rising and suggests this is in part because Canada’s grocery industry is concentrated and has high entry barriers. The Report concludes that increased competition in the industry is part of the solution. The balance of the Report is devoted to explaining the basis for the Report’s conclusions and exploring and recommending steps for achieving increased competition.Continue Reading “Canada Needs More Competition”: Competition Bureau Releases its Retail Grocery Market Study Report

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?