The new greenwashing provisions in the Competition Act are attracting significant attention from Canadian businesses, especially for those focused on proactively discussing their efforts regarding emissions and the...more
7/26/2024
/ Advertising ,
Canada ,
Competition ,
Competition Act ,
Enforcement Priorities ,
Environmental Social & Governance (ESG) ,
Good Faith ,
Greenwashing ,
Marketing ,
Misleading Impressions ,
Sustainability
The new prohibition against greenwashing under the Competition Act took effect on June 20, 2024, while private actions for deceptive marketing practices will take effect next year. This prohibition merely codifies existing...more
7/5/2024
/ Advertising ,
Canada ,
Climate Change ,
Competition Act ,
Enforcement Priorities ,
Environmental Social & Governance (ESG) ,
Greenwashing ,
Liability ,
Marketing ,
Sustainability ,
Unfair or Deceptive Trade Practices
Canadian businesses may soon face tougher standards in merger review if amendments being considered by the government to include “structural presumptions” and more onerous remedy standards in merger reviews are passed into...more
Recent (and ongoing) amendments to the Competition Act have resulted in several new powers for the Competition Bureau, which may have significant and far-reaching implications for businesses in Canada. One such amendment that...more
Recent (and ongoing) amendments to the Competition Act have resulted in several new powers for the Competition Bureau, which may have significant and far-reaching implications for businesses in Canada. One such amendment...more
5/7/2024
/ Anti-Competitive ,
C-Suite Executives ,
Canada ,
Competition Act ,
Documentation ,
e-Discovery ,
e-Discovery Professionals ,
Electronically Stored Information ,
Employee Training ,
Information Technology ,
Privileged Documents
In the final months of 2023, the Commissioner made it clear that misleading online advertising continues to be a focus of enforcement for the Competition Bureau, registering two consent agreements with the Competition...more
2/8/2024
/ Advertising ,
Canada ,
Competition ,
Competition Act ,
Consent Agreements ,
Enforcement Actions ,
Event Tickets ,
Misleading Impressions ,
Online Advertisements ,
Statutory Violations ,
Unfair or Deceptive Trade Practices
Given the Canadian government’s increasing scrutiny over M&A activity in the food, transportation and critical infrastructure sectors, Canadian businesses operating in these sectors should plan accordingly and remain prepared...more
For more than a year, Canada’s foreign investment review regime has been on the cusp of a dramatic expansion that will supercharge foreign investors’ obligations to obtain pre-closing national security non-objection or...more
1 Relevant Authorities and Legislation -
1.1 Who is/are the relevant merger authority(ies)? If relevant, please include details of: (i) independence from government; (ii) who the senior decision-makers are (e.g. Chair,...more
Urgency cues remain near the top of the Competition Bureau’s misleading advertising enforcement priorities, as demonstrated by the Bureau’s recent consent agreement with a furniture chain retailer....more
When is a name change more than a name change? When the change is a reflection of shifting government priorities and an enhanced focus on national security scrutiny of inbound foreign investment in Canada....more
Wage-fixing and “no-poach” agreements between employers are now illegal under the Competition Act, subject to limited exceptions. While the Competition Bureau has issued guidelines regarding its intended approach to enforcing...more
Relevant Authorities and Legislation -
1.1 -
Who is/are the relevant merger authority(ies)?
The Competition Bureau (the “Bureau”) is an independent, federal law enforcement agency responsible for the administration...more
Foreign Investment Policy -
1.1 -
What is the national policy with regard to the review of foreign investments (including transactions) on national security and public order grounds?
The review of foreign investments...more
On Wednesday, December 7, the Minister of Innovation, Science, and Industry introduced the National Security Review of Investments Modernization Act. It proposes significant amendments to the national security regime operated...more
On October 28, 2022, the Government of Canada released a policy providing additional clarity about how the Investment Canada Act (ICA) will be applied to investments in Canadian entities and assets in critical minerals...more
1. Relevant Authorities and Legislation -
1.1. Who is/are the relevant merger authority(ies)?
The Competition Bureau (the “Bureau”) is an independent, federal law enforcement agency responsible for the administration...more
12/15/2021
/ Canada ,
Competition ,
Competition Act ,
Corporate Sales Transactions ,
Foreign Investment ,
Investment ,
Investment Canada Act ,
Investors ,
Joint Venture ,
Merger Controls ,
Pre-Merger Filing Requirements