Competition Chronicle

Competition Chronicle

Competition & Antitrust | Foreign Investment

Tag Archives: Competition Tribunal

Competition Bureau Releases Draft Model Timing Agreement

Posted in Merger Notification & Review
As mentioned in our prior blog post titled Commissioner Points to More Active Enforcement, Greater Transparency and Refined Approach to Efficiencies Defence, the Commissioner of Competition announced during his keynote speech at the Canadian Bar Association’s Competition Law Spring Conference on May 7, 2019 that the Competition Bureau intended to release for public comment a… Continue Reading

SUMMER HAS ARRIVED: FASKEN’S 2019 MID-YEAR REVIEW OF TOP ANTITRUST/COMPETITION AND MARKETING TRENDS

Posted in Competition Litigation, Marketing & Advertising
The front half of 2019 has seen a number of important competition law developments in Canada. In addition to a new Commissioner, a different procedural approach to the efficiencies defence in merger review and an increased focus on the digital economy, there have also been a number of consent agreements in the deceptive marketing space… Continue Reading

Competition Bureau Challenges Thoma Bravo’s Acquisition of Oil and Gas Reserves Software Firm, Aucerna

Posted in Merger Notification & Review
On June 17, 2019 the Competition Bureau announced that it is challenging Thoma Bravo’s acquisition of Aucerna, a company that offers valuation and reporting software to Canadian oil and gas producers. The fact that the Competition Bureau is challenging the transaction after it has been completed suggests that the transaction was not subject to pre-merger… Continue Reading

Cartels and Joint Ventures

Posted in Cartels & Other Competition Criminal Matters, Competition Litigation
Joint ventures are generally only of interest to competition authorities when they trigger merger notification obligations, or are otherwise used as a platform for collusive or anticompetitive behavior. Recently, the South African competition authorities’ interest has been peeked in joint ventures that have purportedly been used as a platform for cartel activity, and a number… Continue Reading

South Africa: Unpacking the Competition Amendment Bill – Market Inquiries

Posted in Competition Compliance Programs, Competition Litigation
This post was originally published as a bulletin on Fasken.com under the title “Unpacking the Competition Amendment Bill: Market Inquiries“. The Competition Amendment Bill seeks to address two key structural challenges in the South African economy: concentration, and the racially-skewed spread of ownership of firms in the economy. At the 11th Annual Competition Law, Economics and… Continue Reading

The Bicycles case: Silent tandem riders beware

Posted in Cartels & Other Competition Criminal Matters, Competition Litigation
  The passive attendee in meetings at which potentially collusive conduct takes place has recently been considered further and developed by the South African Competition Appeal Court in the ‘bicycles case’. Previously addressed by the South African Competition Tribunal in DPI Plastics Pipes (2012), the Tribunal concluded that an attendee simply cannot stay silent nor… Continue Reading