Category: Competition & Antitrust

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Important Developments in Canadian Merger Control and IP Matters

April 4, 2016

KEY TAKEAWAYS The Competition Bureau (Bureau) has obtained a significant remedy in a merger between non-Canadian companies that was not notifiable in Canada. Parties to non-Canadian transactions must keep in mind that the Bureau retains the ability to conduct a review of, and threaten to challenge non-notifiable transactions. A merger the Bureau was challenging before the Competition Tribunal was settled…

Benchmark Risk: Emerging Challenges and Lessons Learned

March 1, 2016

Regulators around the world have shown an increased focus on alleged benchmark manipulation. Proposed legislative and regulatory changes designed to address benchmark-related misconduct could be in place as early as fall 2016. With a continuously evolving regulatory environment, and in the wake of multiple recent global regulatory investigations into alleged benchmark manipulation, Canadian businesses and institutions need to understand what…

Competition Tribunal Refuses Private Litigant in Refusal to Deal Case

January 7, 2016

The Canadian Competition Tribunal (Tribunal) issued its reasons for denying an application in a recent “refusal to deal” case. The case, Audatex Canada, ULC v. CarProof Corporation, is notable because it emphasizes the need for private litigants to present “non-speculative, cogent evidence” at the very outset of their case. SUMMARY Audatex, a supplier of automotive data to insurance companies, sought…

The Crown Wraps Up Chocolate Case

November 17, 2015

Earlier today, the Crown stayed charges against Nestlé Canada Inc. and one of the company’s former executives, in the long-standing prosecution of Canadian chocolate manufacturers under section 45 of the Competition Act. This follows the staying of charges a couple of months ago against the other accused parties in this matter, which included Mars Canada Inc., ITWAL Ltd., and certain…

Final Competition and Compliance Framework Bulletin Released By Competition Bureau

November 12, 2015

On November 10, 2015, the Competition Bureau (Bureau) released the final version of the Competition and Compliance Framework bulletin following a period of public comment on the draft released in May 2015. This bulletin replaces the Bureau’s previous Conformity Continuum bulletin, last updated in 2000, and underscores the Bureau’s recent priority focus on competition law compliance. The bulletin establishes five…

TPP and Foreign Investment Review: Canada Agrees to Increase ICA Threshold to C$1.5-Billion

November 9, 2015

The Trans-Pacific Partnership (TPP) was concluded on October 5, 2015, and the text was released to the public on November 5, 2015. The TPP is an ambitious free trade agreement between 12 countries in the Asia-Pacific region including Canada, the United States, Australia, Brunei Darussalam, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam. Among its 30 chapters, the…

Canada’s New Political Landscape: Implications for Competition Law and Foreign Investment Review

October 20, 2015

“We are always open to global investment in a way that respects and defends Canadian interests, and that is the approach we will take on foreign trade and foreign investments.” — Prime Minister-designate Justin Trudeau, 2015 After an unprecedented 78-day election campaign, the Canadian federal election results were announced late in the night of October 19. Canadians awoke to a new prime minister-designate and…

AUC Finds TransAlta Guilty of Manipulating Electricity Market

July 28, 2015

In a landmark and long anticipated decision, on July 27, 2015, the Alberta Utilities Commission (AUC) released its 217-page decision in Market Surveillance Administrator allegations against TransAlta Corporation et al., Mr. Nathan Kaiser and Mr. Scott Connelly, Decision 3110-D01-2015 (Decision). In the Decision, the AUC found that TransAlta Corporation, TransAlta Energy Marketing Corp. and TransAlta Generation Partnership (collectively, TransAlta) engaged…

Canadian Competition Bureau Releases New Draft IP Enforcement Guidelines for Comment

June 10, 2015

  HIGHLIGHTS   The Competition Bureau’s new draft Intellectual Property Enforcement Guidelines:   Recognize that IP and competition laws are complementary Provide that “in the vast majority of cases” the Bureau will review settlements of pharmaceutical patent litigation as a civil matter, not as a criminal matter Give insight into how the Bureau intends to apply Canadian abuse of dominance…

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