Category: Competition & Antitrust

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Canadian Competition Bureau Steps Up Enforcement Efforts, Including First CASL-Related Proceeding

March 24, 2015

Although Canada’s Competition Bureau (Bureau) has been focused the past year on enhancing its advocacy and competition compliance roles, the Bureau has also demonstrated its continued willingness to use formal investigative powers and litigation to effect compliance with the Competition Act, particularly in relation to the misleading advertising and abuse of dominance provisions.   This month, the Bureau reached a…

Merger Notification and Foreign Investment Review Thresholds Revised Upward for 2015

February 2, 2015

On February 2, 2015, the Competition Bureau announced an increase in the notifiable transaction-size threshold to C$86-million, a modest increase from the 2014 C$82-million threshold. The pre-merger notification transaction-size threshold is reviewed annually in accordance with the indexing mechanism set out in the CanadianCompetition Act to reflect changes in Canada’s gross domestic product. This new threshold for 2015 will come…

A Prescription for Competition: The Pharma Industry and Competition Law in Canada

January 28, 2015

Please join members of the Blakes Competition & Antitrust, Foreign Investment and Intellectual Property groups for a webinar on the evolving competition law issues affecting the pharmaceutical industry in Canada, including a review of recent enforcement and policy initiatives by the Canadian Competition Bureau. Topics:• Competition issues arising from patent litigation settlements and product transition strategies• Competition Bureau’s recent enforcement…

Supreme Court of Canada Breathes New Life into Merger Efficiencies in Canada

January 22, 2015

  On January 22, 2015, the Supreme Court of Canada (SCC) issued a groundbreaking decision in the area of merger efficiencies in Tervita Corp. v. Canada (Commissioner of Competition), allowing the appeal of Tervita Corporation (Tervita) and overturning the holdings of the Federal Court of Appeal (FCA) and the Competition Tribunal (Tribunal). In its decision, the SCC agreed with the Commissioner…

New Legislation Would Enhance Powers to Investigate U.S.-Canada Price Differences

December 9, 2014

  On December 9, 2014, Industry Minister James Moore announced that the Price Transparency Act had been introduced in the House of Commons in an effort to address and expose firms that are engaged in unjustified geographic price discrimination, i.e., that sell products or services in Canada at prices that are higher than similar goods or services sold in the…

Supreme Court of Canada Mandates Disclosure of Wiretap Evidence in Civil Proceedings

October 24, 2014

  In a decision released on October 20, 2014, the Supreme Court of Canada considered the question of whether a party to a civil proceeding can compel the disclosure of records of private communications intercepted by the state in the course of a criminal investigation.     BACKGROUND   In early summer 2004, the Competition Bureau began an investigation (Octane…

10 Things Businesses Need to Know about Competition Bureau’s Price Maintenance Enforcement Guidelines

October 1, 2014

  As we previously reported, the Competition Bureau (Bureau) has published its Price Maintenance Enforcement Guidelines (Guidelines). Summarized below are the top 10 things businesses operating in Canada need to know about the law of price maintenance in Canada and the Guidelines.   1. Price Maintenance under the Competition Act   Under section 76 of the Canadian Competition Act (Act),…

Canadian Competition Law: Developments in Intellectual Property and Corporate Compliance

September 24, 2014

  There were three notable substantive developments arising from last week’s Canadian Bar Association Annual Fall Competition Law Conference and a speech and white paper issued by Canada’s Commissioner of Competition on September 23, 2014.     UPDATES TO INTELLECTUAL PROPERTY ENFORCEMENT GUIDELINES   On September 18, 2014, the Competition Bureau (Bureau) issued an updated version of its Intellectual Property…

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