Category: Competition & Antitrust

Supreme Court of Canada Clarifies Procedures for Class-Action Certification

September 23, 2019

On September 20, 2019, the Supreme Court of Canada (SCC) clarified several procedural questions regarding class-action certification in the case of Pioneer v. Godfrey. This ruling, which followed a trilogy of landmark decisions six years ago that allowed indirect purchasers to bring price-fixing cases under the Competition Act, confirmed the availability of a class-action procedure where the plaintiff can potentially…

Competition Bureau Intensifies Focus on Non-Notifiable Transactions, Digital Economy

September 20, 2019

The Canadian Competition Bureau (Bureau) issued two announcements in September 2019 that impact companies doing business in Canada. First, the Bureau will expand its monitoring of non-notifiable transactions. Second, the Bureau called on participants in the digital economy to submit information about conduct in the industry that could be harmful to competition. 1. STEPPING UP MARKET SURVEILLANCE EFFORTS  On September…

Digital Economy and Process Improvements Top Priorities for Canadian Competition Commissioner

July 11, 2019

On July 10, 2019, Canada’s new Competition Bureau (Bureau) head articulated his top enforcement priorities in an interview sponsored by the American Bar Association (ABA), Section of Antitrust Law. The digital economy, cartel enforcement and improved merger reviews should be top of mind for companies doing business in Canada, the Commissioner of Competition (Commissioner) said. Below are the details: KEY…

Commissioner of Competition Challenges Software Deal

June 19, 2019

On June 14, 2019, the Canadian Commissioner of Competition (Commissioner) sued to unwind a recently completed merger involving companies that offer software to manage oil and gas reserves. WHAT BUSINESSES NEED TO KNOW The Commissioner indicated in a recent address that he would be stepping up enforcement of the merger provisions of the Competition Act, including transactions that fall below…

Canada’s Efficiency Defence: Why Ignoring Section 96 Does More Harm Than Good For Economic Efficiency And Innovation

May 14, 2019

Canada has a defence that allows efficiency enhancing mergers and collaborations between competitors. In another paper published in this edition of the Canadian Competition Law Review, Chiasson and Johnson argue that the efficiencies defence should be repealed because it reduces innovation and causes inefficiencies. In our view, Chiasson and Johnson take an overly simplistic view of the relationship between market…

New Canadian Commissioner of Competition Sends Message of Active and Vigorous Enforcement

May 7, 2019

Canadian Commissioner of Competition Matthew Boswell provided the keynote address at the Canadian Bar Association’s Competition Law Spring Conference in Toronto on May 7, 2019. Commissioner Boswell was appointed for a five-year term on March 5, 2019, and his comments are an important early indication of the future direction for competition law enforcement in Canada. WHAT BUSINESSES NEED TO KNOW…

Recent Developments in Canadian Competition Law

March 25, 2019

The Competition Bureau (Bureau) recently released updated Abuse of Dominance Enforcement Guidelines (AOD Guidelines), which provide insight into the Bureau’s approach to abuse of dominance matters, and Intellectual Property Enforcement Guidelines (IPEGs) clarifying the Bureau’s approach to conducting investigations of alleged anti-competitive activities that involve intellectual property under the Competition Act (Act). The Bureau also provided an update to its…

M&A in Canada: The Increasing Importance of Navigating National Security Approvals

March 18, 2019

Getting a merger reviewed on national security grounds can cause delays and even lead to failed transactions. Canada began screening foreign takeovers on national security grounds in 2009, and today merger planning requires careful consideration of national security closing risks of every transaction. The United States has also recently expanded the scope of its national security review, and Europe recently…

AT&T/Time Warner: Lessons Learned for Companies Considering a Merger

March 12, 2019

On February 26, 2019, the U.S. Court of Appeals for the District of Columbia (Court of Appeals) issued an important antitrust decision, which will influence how vertical mergers are reviewed in the U.S., and perhaps in other countries, including Canada. The Court of Appeals refused to overturn the U.S. District Court (District Court) ruling that allowed AT&T (one of the…

Matthew Boswell Appointed as New Commissioner of Competition in Canada

March 5, 2019

On March 5, 2019, the Government of Canada appointed Matthew Boswell as Canada’s new Commissioner of Competition. Mr. Boswell most recently served as Interim Commissioner of Competition, and has previously served in various leadership roles at the Bureau since 2011, including heading up both the Bureau’s cartels branch and mergers branch. Commissioner Boswell assumes leadership of the Bureau at a…