Category: Competition & Antitrust

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Pending CFIUS Reform Expands U.S. Foreign Investment Review

August 2, 2018

Recently, the United States House of Representatives passed legislation, which, if also passed by the Senate and signed into law by the president, will significantly expand the jurisdiction to review foreign investments on national security grounds. KEY TAKEAWAYS FOR CANADIAN COMPANIES: Canadian companies looking to make investments in the U.S. could face a longer review period and a substantial filing…

Competition Law Compliance: Canada’s Competition Bureau Releases New Draft Immunity and Leniency Programs

May 14, 2018

In today’s enforcement climate, it is critical that businesses adopt and adhere to a competition law compliance policy that accords with the Competition Bureau’s 2015 bulletin on Corporate Compliance Programs. That’s the message from the Competition Bureau (Bureau), which on May 8, 2018, released a new draft of its Immunity and Leniency Programs (Draft Programs). The Draft Programs apply to…

Mind the Gap: Merger Efficiencies in the United States and Canada

May 9, 2018

Notwithstanding the close ties between Canada and the United States, there is a difference in the way that mergers are reviewed on either side of the border — which is important because a significant number of mergers are reviewed by both the Canadian Competition Bureau and the U.S. antitrust agencies. This article originally appeared in the Spring 2018 issue of…

Canada’s Competition Bureau and Investment Review Division Increasing Cooperation, Information Sharing

April 9, 2018

Canada’s Competition Bureau (Bureau) and the Investment Review Division of Innovation, Science and Economic Development Canada (IRD) are increasingly cooperating and communicating when reviewing large foreign investments into Canada. To this end, on April 6, 2018, the two agencies released an Administrative Note formalizing a number of key procedural considerations for foreign investors. Under the Investment Canada Act (ICA), controlling…

Competition Bureau Investigations: A Toolkit for Managing Risk

March 19, 2018

Companies doing business in Canada are subject to investigations by the Canadian Competition Bureau at any time, which may relate to civil and/or criminal provisions of Canada’s Competition Act. The reputational harm to companies publicly implicated in Bureau investigations can be substantial, and investigations are costly and disruptive to businesses. In addition, companies found to have violated the criminal or…

Formal Bidding Process Required to Find Bid-Rigging Violation, Quebec Court Rules

March 1, 2018

The Superior Court of Québec (Court) recently acquitted an individual charged with bid-rigging under the Competition Act in R. v. Rousseau because the prosecution failed to prove that the alleged bid-rigging occurred in the context of a call or request for bids or tenders. KEY TAKEAWAYS: The prosecution must establish that the customer calling for bids held a formal process,…

Competition Bureau Resolves Two Drip Pricing Cases

February 26, 2018

The Canadian Competition Bureau (Bureau) has recently reached settlements with Leon’s Furniture Limited (Leon’s) and The Brick Ltd. (The Brick) and Enterprise Rent-A-Car Canada Company (Enterprise), addressing marketing practices related to disclosure of fees. Companies should expect the Bureau will continue to ensure that advertised prices reflect all mandatory fees and surcharges. KEY TAKEAWAYS: The Bureau, federal government and various…

Canadian Competition Policy Focuses in on “Big Data”

February 20, 2018

The application of competition law and policy to “big data” has become a major focus for government agencies in Canada and around the world. In recent weeks, both the Competition Bureau and the Bank of Canada have weighed in. Competition regulators around the world, from the U.S. to Japan to Germany and the European Union have also issued their own…

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…

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