Category: Competition & Antitrust

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Significant Developments in Recent Competition Litigation

May 2, 2017

In three decisions released at the end of April 2017, Superior Court of Québec, Ontario Divisional Court and Federal Court judges addressed a number of important issues for businesses, including unreasonable delay in prosecution, certification and disclosure. SUPERIOR COURT OF QUÉBEC RULES ON LENGTHY DELAY On April 21, 2017, the Superior Court of Québec (Court) ruled that lengthy delay between…

Mergers & Acquisitions: Trends to Watch in 2017

December 21, 2016

2016 AND LOOKING FORWARD Canadian M&A activity rose once again in 2016, surpassing a record-breaking 2015 to become the most active year in Canadian deal-making history. In terms of deal value, 2016 will be second only to the peak of 2007. The aggregate value of announced deals to date is C$399.9-billion, while announced deal volume reached an impressive 3,100 transactions….

New Guidelines to Help Foreign Investors Navigate National Security Rules under the Investment Canada Act

December 19, 2016

On December 19, 2016, the federal government released new guidelines on national security reviews under the Investment Canada Act (ICA). The guidelines are part of a new transparency initiative intended to encourage foreign investment by providing investors more information about a) the types of transactions that may require a national security review, and b) the factors considered by the government…

SCC Upholds Solicitor-Client, Litigation Privilege in Recent Rulings

November 28, 2016

In two decisions released on November 25, 2016, the Supreme Court of Canada (SCC) affirmed the fundamental importance of litigation privilege and solicitor-client privilege. In Lizotte v. Aviva Insurance Company of Canada (Lizotte), the SCC dealt with issues relating to the breadth of litigation privilege and confirmed that it exists as a stand-alone privilege under Quebec law, while in Alberta…

Canada’s Competition Commissioner Provides Guidance on Innovation, Efficiencies and Competitor Collaborations

October 12, 2016

The Commissioner of Competition (Commissioner) addressed innovation, enforcement and policy initiatives at the Competition Bureau (Bureau) in his keynote speech, “Strengthening Competition: Innovation, Collaboration and Transparency”, on October 6, 2016, at the Canadian Bar Association, Competition Law Section’s Annual Competition Law Fall Conference. Speakers from Blakes at the conference included Brian Facey, Navin Joneja, Julie Soloway and Robert Kwinter. The…

Doing Business in Canada

September 9, 2016

Court of Appeal Rules Competition Act is not a Complete Code, Discoverability Principle Applies

August 18, 2016

On August 11, 2016, the Ontario Court of Appeal (Court) provided guidance on the limitation period in section 36 of the Competition Act‎ (Act) and whether the Act removes plaintiffs’ ability to seek damages under common law for violations of the Act’s criminal provisions. In Fanshawe College of Applied Arts and Technology v. AU Optronics Corporation (Fanshawe), a class action…

Competition Tribunal Issues Mediation Practice Direction

June 21, 2016

KEY TAKEAWAYS: Guidance document describes the mediation process for any proceeding before the Competition Tribunal (Tribunal) by a judicial member of the Tribunal or the Federal Court Mediation is voluntary, can be scheduled any time during the proceeding, and may serve to breach an impasse between the parties before significant litigation costs are incurred Parties continue to have the option…

Alberta Court Orders Production of Documents in Native Format, Contrary To Agreement Between Parties

June 20, 2016

In Bard v. Canadian Natural Resources (Bard), the Court of Queen’s Bench of Alberta (Court) ruled that certain documents were to be produced in native format, despite what was set out in a discovery agreement between the parties. Following the Court’s ruling in Bard, litigants should consider how they want to produce, receive and use documents early on in a…

Risks of Competition Litigation: Being Aware and Being Prepared

June 14, 2016

Litigation arising from competition law issues now has the potential to affect all businesses operating in Canada. It is no longer confined to those unfortunate enough to be the subject of a Competition Bureau merger or abuse of dominance challenge — or, worse yet, a cartel or bid-rigging investigation. The scope of risk has expanded to include Bureau claims related…

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