Category: Competition & Antitrust

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Canadian Mergers and Acquisitions: FAQs and 2019 Trends

February 6, 2019

The Blakes Canadian Mergers and Acquisitions: FAQs and 2019 Trends answers frequently asked questions regarding the regulation of public M&A in Canada and provides an outlook for what 2019 may hold based on significant developments we observed in the Canadian deal environment.

Canadian Competition Law and Foreign Investment: Top 5 Things to Watch for in 2019

February 1, 2019

This article provides an overview of the key trends and developments in Canadian competition law and foreign investment that may help you prepare for what lies ahead in 2019. The  Competition, Antiturst & Foreign Investment group discusses important topics including new leadership at the Competition Bureau, merger reviews, priority agenda items such as digital economy and innovation, foreign investment reviews…

Class Action Climate in Canada: Recent Developments and Emerging Trends

January 30, 2019

Join leading lawyers from Blakes for an interactive discussion that will span a cross-section of recent developments and hot-button topics such as: Emerging class action risks National and multijurisdictional class actions Cybersecurity and data breaches Employment, competition and securities class actions Settlement structures and considerations Following the seminar, we invite you to join us for cocktails and networking. Mandatory Continuing…

The CPTPP and Brexit: Implications for Foreign Investment into Canada

January 9, 2019

On December 30, 2018, the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) entered into force in Canada, Australia, Japan, Mexico, New Zealand and Singapore. The CPTPP will significantly reduce the regulatory burden associated with investments into Canada by investors based in these countries. However, the U.K.’s pending exit from the European Union (Brexit), which is currently anticipated to take…

Changing U.S. National Security Rules: What This Means for Mergers and Acquisitions

November 13, 2018

Investments involving Canadian companies face increasing scrutiny from Canada’s security and intelligence agencies and closest allies (the U.S., the U.K., Australia and New Zealand, known as the Five Eyes). Since 2009, the Investment Canada Act has provided a process that allows the Canadian authorities to review, block or remedy foreign direct investments in Canadian businesses on national security grounds. This…

Important Recent Competition Law Developments in Canada

October 11, 2018

In recent weeks, the Canadian Competition Bureau (Bureau) announced a number of initiatives relevant to companies that do business in Canada. In particular, the Bureau recently issued an information bulletin clarifying its initiative to conduct and publish industry-wide Market Studies. The Bureau has also updated its Immunity and Leniency Programs, which set out the Bureau’s approach to granting immunity from…

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…

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