Category: Foreign Investment

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…

EU’s Top Court Rules Investment Protections Under CETA are Compatible with EU Law

May 9, 2019

In Opinion 1/17 (CETA Ruling) on the Comprehensive Economic and Trade Agreement (CETA), the European Court of Justice (ECJ) ruled that the investment protections under CETA, signed by Canada and the European Union, are compatible with EU law. The decision marks a welcome departure from the landmark Achmea v. Slovak Republic decision, in which the ECJ effectively invalidated all 196…

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…

New Monetary Thresholds in Force under the Competition Act and Investment Canada Act

February 25, 2019

The Government of Canada recently increased the monetary thresholds under the Competition Act and Investment Canada Act for most transaction types. Companies whose transactions exceed the applicable monetary and control thresholds under these statutes are required to submit a filing and undergo a review before they can close their transactions. It is always important to check with counsel to assess which…

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…

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…