Competition Chronicle

Competition Chronicle

Competition & Antitrust | Foreign Investment

Tag Archives: The Competition Bureau

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

Influencer Marketing: A Changing Landscape for the Regulation of Deceptive Marketing in Canada

Posted in Marketing & Advertising
In recent years, advertisers have increasingly established commercial relationships with online personalities or “influencers”, who market their products through various digital platforms and social media. The prevalence of “influencer marketing” has become an emerging frontier for the regulation of deceptive marketing in Canada and abroad. Digital Marketing in Canada In Canada, issues regarding misleading representations… 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

Recent Comments Regarding Big Tech Companies and the Digital Economy

Posted in Competition Litigation, Merger Notification & Review
Over the past week, the Commissioner of Competition has made a number of comments relevant to big tech companies and the digital economy. These comments were made on a panel at the Data Forum Discussing Competition Policy in the Digital Era in Ottawa on May 30th, at a conference hosted by the Organisation for Economic… Continue Reading

Don’t Break-up Tech Giants Based on Populist Grandstanding

Posted in Competition Litigation, Monopolization
Antitrust exaggerated backlash against Big Tech is an attack on principles of free markets “The nail that sticks out gets hammered down.” That Japanese proverb – typically used to teach conformity – seems to be the approach advocated by U.S. Senator and Democratic presidential hopeful Elizabeth Warren in her recent call to “break up our… Continue Reading

Competition Bureau Releases Updated Consent Agreement Template for Merger Remedy Negotiations

Posted in Competition Litigation, Merger Notification & Review
On September 29, 2016, the Competition Bureau (the “Bureau”) released a revised consent agreement template for merger remedy negotiations. The release of the Bureau’s updated template is timely, as the number of consent agreements registered with the Competition Tribunal (the “Tribunal”) have risen significantly since the last template was published in 2007. This year alone,… Continue Reading

New Trial Ordered: Application of Co-Conspirators’ Exception to the Hearsay Rule at Issue in Price-Fixing Conspiracy Case

Posted in Cartels & Other Competition Criminal Matters, Competition Litigation
On September 9, 2016, the Quebec Court of Appeal (“QCCA”) issued its judgment in two gasoline price-fixing conspiracy cases. The cases were the product of the Competition Bureau’s (the “Bureau”) year-long investigation into the fixing of retail gasoline prices in the province of Quebec from April 2005 to May 2006. The three accused individuals in… Continue Reading

The Competition Bureau, Criminal Conspiracies and Making History

Posted in Cartels & Other Competition Criminal Matters
The Competition Bureau Continues to Make History in its Enforcement of the Criminal Conspiracy Provisions of the Competition Act For the second time in as many months, the Competition Bureau (the “Bureau”) has made an historic announcement about its efforts to enforce the criminal conspiracy provisions of the Competition Act (the “Act”). On July 20,… Continue Reading

Criminal Charges Suspended in One of Canada’s Longest Price-Fixing Investigations

Posted in Cartels & Other Competition Criminal Matters, Competition Litigation, Pricing and Distribution
The Competition Bureau (Bureau) announced yesterday that the Public Prosecution Service of Canada (PPSC) has entered a stay of proceedings against 4 key targets, in one of the Bureau’s most labour-intensive, criminal investigations to date. Indeed, following the Bureau’s 6-year investigation of alleged price-fixing in the chocolate confectionary industry, criminal proceedings against ITWAL Ltd., Mars… Continue Reading