Category: Competition & Antitrust

U.S. Releases Draft Guidelines That Could Significantly Impact Vertical Merger Review

January 14, 2020

On January 10, 2020, the U.S. Federal Trade Commission (FTC) and Department of Justice’s Antitrust Division (DOJ) released Draft Vertical Merger Guidelines (Draft Guidelines) for public comment by February 11, 2020. The Draft Guidelines would be the first official guidance from the FTC and DOJ on vertical mergers since the Non-Horizontal Merger Guidelines released in 1984 (1984 Guidelines). KEY TAKEAWAYS…

Competition Law and the Digital Economy in Canada

December 4, 2019

Competition law enforcement agencies have undertaken many new initiatives focused on the digital economy, including publishing position papers,1 developing enforcement strategies,2 hiring specialized personnel,3 and taking enforcement action against technology companies. Like its international counterparts, the Canadian Competition Bureau (the Bureau) is focused on issues related to the digital economy.   Please click here to download.

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…