Category: Competition & Antitrust

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Canadian Mergers and Acquisitions: FAQs and 2018 Trends

February 16, 2018

Our Canadian Mergers and Acquisitions: FAQs and 2018 Trends answers frequentlyasked questions regarding the regulation of public M&A in Canada and provides anoutlook for what 2018 may hold based on significant developments we observedfrom the Canadian deal environment in 2017.

Competition Bureau Files Application Alleging Misleading Ticket Pricing

January 30, 2018

On January 25, 2018, the Competition Bureau (Bureau) filed an application with the Competition Tribunal (Tribunal) against Ticketmaster, its parent company Live Nation, and certain other Live Nation subsidiaries (collectively, Ticketmaster), for allegedly making deceptive marketing claims to consumers when advertising ticket prices for sports and entertainment events. The application’s key issue is that Ticketmaster charges consumers non-optional fees, which…

British Columbia Supreme Court Rejects “File, Smile and Certify” Approach to Class Actions

January 23, 2018

The British Columbia Supreme Court (Court) recently dismissed the plaintiff’s application for class certification in Ewert v. Nippon Yusen Kabushiki Kaisha (Ewert), holding that certification is not simply a “file, smile and certify” exercise in which defendants can be forced into onerous and complex class action litigation on a “wing and a prayer”, without meeting the low threshold required. The…

Competition Bureau Releases Final Fintech Market Study

December 22, 2017

The Competition Bureau (Bureau) recently released the final report from its market study, titled Technology-led innovation and emerging services in the Canadian financial services sector (Report), analyzing the regulatory and non-regulatory issues faced by the fintech industry in Canada. The Report makes recommendations to address these issues, many of which are a departure from the current paradigm informing the regulation…

Competition Bureau Announces Proposed Changes to Immunity Program

November 3, 2017

On October 26, 2017, Canada’s Competition Bureau (Bureau) released for comment a revised version of its Immunity Program, under which a party may receive immunity from prosecution from the Director of Public Prosecutions (Crown) if the party is the first to disclose an offence not yet detected by the Bureau or is the first to come forward before the Bureau…

International Competition Network Addresses Bid-Rigging in Government Procurement

October 16, 2017

In October 2017, Canada’s Commissioner of Competition John Pecman (Commissioner) joined competition law enforcement authorities from around the world in Ottawa for the International Competition Network’s (ICN) 14th annual Cartel Workshop, which focused on “combating cartels in public procurement”. The Cartel Workshop involved 27 sessions addressing bid-rigging issues such as detection in public versus private procurement, screening public procurement data…

Doing Business in Canada

October 10, 2017

The Blakes Doing Business in Canada guide is an introductory summary of the laws and regulations that affect the conduct of business in Canada.

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…

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