Amendments

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On June 27, 2023 the United States Federal Trade Commission (“FTC”) and the United States Department of Justice (“DOJ”) announced proposed changes to the pre-merger notification process under the Hart-Scott-Rodino Act (the “HSR Act”). These proposed changes were published on June 29, 2023.

By way of background, the HSR Act is federal legislation that requires merging parties to report transactions to the FTC and DOJ (together, the “US Agencies”) if the transaction meets certain monetary thresholds. Currently, when notifying a transaction under the HSR Act, parties need to supply relatively basic information, including information about the transaction, their respective businesses (including their subsidiaries, revenues and shareholders) and the competitive overlaps between their respective businesses. Merging parties may not close a notifiable transaction until a 30-day statutory waiting period (15 days in the case of a cash tender offer or a bankruptcy) expires or is terminated.Continue Reading FTC and DOJ Propose Changes to US Merger Filing Process

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 Finalized Enforcement Guidelines for Wage-Fixing and No-Poaching Offences:  What You Need To Know

In the March 30, 2023 comments submitted by Fasken[1] in response to the Government of Canada’s consultation and discussion paper[2] on the Future of Competition Policy in Canada (the “Discussion Paper”), significant concerns are raised about any amendments that move away from identifying anti-competitive conduct through evidence-based assessment of its effects and which would establish ex ante regulation to place blanket prohibitions on certain types of conduct by certain firms. In a paper recently published by the Competition Policy International[3], we examine the international and Canadian debate around ex ante regulations for Big Tech platform companies. The paper explores the need for and costs associated with ex ante regulation and concludes that pursuing such regulations at this time in Canada would be ill-advised.Continue Reading Canada Should Avoid Costly Ex Ante Regulation of Digital Markets

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

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 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

On August 17, 2022, the Federal Court of Appeal (the “FCA”) dismissed the appeal by Kobe Mohr in Mohr v. National Hockey League. In summary, the FCA found that the decision reached by the Federal Court was correct in its conclusion, and that neither s. 48(1) nor s. 45(1) of the Competition Act (the “Act”) apply to the conduct at issue.
Continue Reading Federal Court of Appeal Confirms Scope of Competition Act Conspiracy Provisions