The COVID-19 pandemic has impacted our lives in countless ways. For example, most of us are now working remotely for our home offices, living rooms or kitchen tables. In-person meetings have been replaced by video calls, email and texts. This is expected to continue for weeks – if not months – as governments at all levels are requesting that Canadians stay home in an attempt to “flatten the curve”.

While statistics aren’t available, it’s reasonable to assume that the number of documents being created and retained by businesses has increased since the pandemic began. In many cases, these documents are likely being drafted quickly and without regard to the tremendous impact that they could have on the business, including in the context of future antitrust investigation or proceedings. A short refresher on document creation – including the problems that bad or hot documents may create – is in order.

Continue Reading Bad Documents – So What’s the Problem?

The COVID-19 crisis has caused havoc to daily life and to economies around the world. Among other things, it has put immense pressure on businesses to coordinate and collaborate with each other in order to address unprecedented disruptions to major parts of the economy (e.g., shortages of essential goods and services, collapse of supply chains,

Many have expressed concern that retailers are now incentivized to unilaterally increase the prices for products critical to the COVID-19 response. Canada’s competition enforcer, the Competition Bureau, does not have clear jurisdiction to regulate prices or otherwise directly prevent price gouging. However, the Ontario government is now expressly prohibiting price gouging for “necessary goods” (as defined). In particular, through an emergency prohibition order made under the Emergency Management and Civil Protection Act on March 27, 2020, certain persons are prohibited from selling “necessary goods” at “unconscionable prices”.

Continue Reading Ontario Implements Price Gouging Measures: What You Need to Know

In response to the COVID-19 virus, Canada’s federal government has restricted non-essential travel and closed the US border. Canada’s provincial governments have enacted highly restrictive measures including mandating the closure of facilities providing recreational programs (i.e. gyms), libraries, public and private schools, licensed childcare centres, bars and restaurants, theaters, cinemas and concert venues, and the list goes on. Some provinces have also banned gatherings of more than 5 people and prohibited all non-essential businesses. The status quo is likely to continue for weeks, if not months. While both federal and provincial governments have implemented measures to support businesses during this time, including tax deferrals, increased credit availability, and wage subsidies to help prevent layoffs, these programs, regrettably, may not be enough to keep some businesses afloat.

Continue Reading Refresher on the Failing Firm Defence

Canada’s antitrust/competition, marketing and foreign investment laws continue to apply despite the global health and economic crisis arising from COVID-19. However, the enforcement of these laws are being significantly impacted by the COVID-19 response. These developments are fast moving and change almost daily.

Fasken’s Antitrust/Competition & Marketing Group continues to monitor these developments very closely.