Category: Competition & Antitrust

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Important Implications for Merger Planning: Canadian Competition Tribunal Issues Decision on Interim Remedies and Use of Hold Separates

June 4, 2015

  HIGHLIGHTS   The Competition Tribunal’s decision:   Clarifies the test for interim injunction under the merger provisions of the Competition Act Requires the Commissioner of Competition to make out a strong, non-speculative case in order to obtain an interim injunction to block or delay a merger Impacts parties’ risk allocation considerations with respect to potential challenges, hold separate and remedies On…

2015 Federal Budget Highlights Recent Changes to Competition and Foreign Investment Policy

April 22, 2015

Finance Minister Joe Oliver tabled the 2015 federal budget before the House of Commons on April 21, 2015. The budget highlighted recent policy changes in competition law and foreign investment review, including new powers for the Competition Bureau to investigate cross-border price gaps and new thresholds for World Trade Organization (WTO) investors under the Investment Canada Act. INVESTIGATING CROSS-BORDER PRICE…

New Investment Canada Act Thresholds and National Security Review Periods

March 26, 2015

The Canadian government has adopted new regulations and implementing orders that: significantly alter the existing review thresholds under the Investment Canada Act (ICA) for most investors require additional information in ICA notification and application forms extend the potential time periods for a national security review under the ICA. The first two noted amendments will come into effect on April 24,…

Canadian Competition Bureau Steps Up Enforcement Efforts, Including First CASL-Related Proceeding

March 24, 2015

Although Canada’s Competition Bureau (Bureau) has been focused the past year on enhancing its advocacy and competition compliance roles, the Bureau has also demonstrated its continued willingness to use formal investigative powers and litigation to effect compliance with the Competition Act, particularly in relation to the misleading advertising and abuse of dominance provisions.   This month, the Bureau reached a…

Merger Notification and Foreign Investment Review Thresholds Revised Upward for 2015

February 2, 2015

On February 2, 2015, the Competition Bureau announced an increase in the notifiable transaction-size threshold to C$86-million, a modest increase from the 2014 C$82-million threshold. The pre-merger notification transaction-size threshold is reviewed annually in accordance with the indexing mechanism set out in the CanadianCompetition Act to reflect changes in Canada’s gross domestic product. This new threshold for 2015 will come…

A Prescription for Competition: The Pharma Industry and Competition Law in Canada

January 28, 2015

Please join members of the Blakes Competition & Antitrust, Foreign Investment and Intellectual Property groups for a webinar on the evolving competition law issues affecting the pharmaceutical industry in Canada, including a review of recent enforcement and policy initiatives by the Canadian Competition Bureau. Topics: • Competition issues arising from patent litigation settlements and product transition strategies • Competition Bureau’s…

Supreme Court of Canada Breathes New Life into Merger Efficiencies in Canada

January 22, 2015

  On January 22, 2015, the Supreme Court of Canada (SCC) issued a groundbreaking decision in the area of merger efficiencies in Tervita Corp. v. Canada (Commissioner of Competition), allowing the appeal of Tervita Corporation (Tervita) and overturning the holdings of the Federal Court of Appeal (FCA) and the Competition Tribunal (Tribunal). In its decision, the SCC agreed with the Commissioner…

New Legislation Would Enhance Powers to Investigate U.S.-Canada Price Differences

December 9, 2014

  On December 9, 2014, Industry Minister James Moore announced that the Price Transparency Act had been introduced in the House of Commons in an effort to address and expose firms that are engaged in unjustified geographic price discrimination, i.e., that sell products or services in Canada at prices that are higher than similar goods or services sold in the…

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