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Competition Canada Anti-Competitive

Davies Ward Phillips & Vineberg LLP

Canadian Competition Bureau Stakes Out Aggressive Stance on Property Controls in Preliminary Enforcement Guidance

Following the Canadian Competition Bureau’s 2023 Retail Grocery Market Study in which it recommended that provincial and territorial governments take measures to limit property controls in the grocery industry, including...more

Stikeman Elliott LLP

Shifting the Burden: Proposed Changes to Merger Reviews in Canada

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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

Davies Ward Phillips & Vineberg LLP

New Excessive and Unfair Pricing Provisions in Force in Canada’s Competition Act: Risk and Compliance Considerations

Canada’s Competition Act was amended effective December 15, 2023 to both (i) establish a new, more expansive framework for challenging anti-competitive conduct by dominant firms and (ii) specifically provide that it is an...more

Stikeman Elliott LLP

New Sweeping Competition Powers for the Canadian Government

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With the passing of Bill C-56, the most recent in an ongoing series of amendments to the Competition Act have now been enacted (with more expected to follow). The Commissioner of Competition has been pushing for amendments to...more

Davies Ward Phillips & Vineberg LLP

A New Era for Canadian Competition Law: Landmark Proposed Changes to the Competition Act Announced

The government announced significant additional amendments to Canada’s Competition Act in late November 2023, building on those already under consideration by Parliament in Bill C-56 and others enacted in 2022. More...more

Stikeman Elliott LLP

Government’s “Generational Changes to Competition Law in Canada” Increase Risks for Canadian Businesses

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On November 28, 2023 the Canadian government unveiled another round of amendments to the Competition Act that had been previewed in its Fall Economic Statement the previous week. These changes, together with several...more

Davies Ward Phillips & Vineberg LLP

Great FESpectations: Further Changes to Canadian Competition Law Ahead

Canada’s Minister of Finance, Chrystia Freeland, delivered the federal government’s Fall Economic Statement (FES) on November 21, 2023, in which she announced the government’s intention to introduce “generational changes to...more

Stikeman Elliott LLP

Difederico v. Amazon.com Inc.: Federal Court Finds Proposed Class Action has no Prospect of Success

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In Difederico v. Amazon.com, 2023 FC 1156, the Federal Court refused to certify a proposed class action involving allegations that a collection of Amazon entities (“Amazon”) had breached sections 45 and 46 of the Competition...more

Stikeman Elliott LLP

Government-Ordered Market Studies and Less Efficiencies: Canadian Government Introduces Amendments to the Competition Act

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The Canadian government has proposed giving the Minister of Innovation, Science and Industry the ability to direct the Competition Bureau to conduct market studies with the ability to compel production of related documents...more

Stikeman Elliott LLP

Commissioner Wins Secure Energy Appeal: Key Takeaways

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The Federal Court of Appeal’s recent decision upholding the Commissioner of Competition’s largely successful challenge of Secure Energy Services Inc.’s acquisition of Tervita Corporation provides further evidence that the...more

Stikeman Elliott LLP

Despite High Inflation, Canadian Government Holds Merger Review Threshold Steady

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For the second year in a row the Canadian government has maintained the transaction-size threshold for pre-merger notification at $93 million. The Minister cited the need to fully scrutinize potentially harmful deals and the...more

Bennett Jones LLP

Competition Bureau Seeks Feedback on Enforcement Guidance for Wage-Fixing and No-Poaching Agreements

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Last year, the Competition Act was amended to make it a criminal offense for two or more unrelated employers to enter into wage-fixing or no-poaching agreements. As we discussed last summer, these new provisions come into...more

Stikeman Elliott LLP

Canada’s Competition Act Amendments: Making It Riskier to Compete on Price?

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One of the recent amendments to the Competition Act has the potential to seriously chill price competition by leading Canadian businesses....more

Bennett Jones LLP

Canada First: Sound Policy Must Prevail over Groupthink

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The calls to reform Canada's antitrust framework are growing louder. On February 7, 2022, the Minister of Innovation, Science and Industry, Francois-Philippe Champagne, announced a comprehensive review of the Competition...more

Smart & Biggar

Competition Bureau’s interest in the health sector continues

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Promoting competition and innovation in Canada’s health sector, including the pharmaceutical industry, is a strategic priority for the Competition Bureau. In 2021, the Bureau announced that it joined its counterparts in the...more

Davies Ward Phillips & Vineberg LLP

Commissioner of Competition Urges Reboot of Canadian Competition Law

In his annual address to Canada’s competition bar last week, the Commissioner of Competition, Matthew Boswell, offered a full-throated defence of vigorous competition law enforcement as a key driver of Canada’s post-pandemic...more

Littler

Ontario, Canada Court Reminds Employers that Improperly Drafted Restrictive Covenants are Unenforceable

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In Labrador Recycling Inc. v. Folino, 2021 ONSC 2195 (Labrador Recycling), Ontario’s Superior Court denied an employer’s motion for an urgent injunction to restrain its former employee from competing with it contrary to the...more

Bennett Jones LLP

Competition Act and Investment Canada Act Review Thresholds Lowered for 2021

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The Competition Bureau announced that the 2021 size of transaction pre-merger notification threshold under the Competition Act will decrease to C$93 million from the current threshold of C$96 million. Acquisitions may be...more

Bennett Jones LLP

Defending an Abuse of Dominance Case

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Required and Regulated Conduct under Canada’s Competition Act - The Competition Bureau’s updated Abuse of Dominance Enforcement Guidelines expressly provide, for the first time, that a party’s compliance with a statutory...more

Blake, Cassels & Graydon LLP

Recent Developments in Canadian Competition Law

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...more

Blake, Cassels & Graydon LLP

British Columbia Supreme Court Rejects “File, Smile and Certify” Approach to Class Actions

The British Columbia Supreme Court (Court) recently dismissed the plaintiff’s application for class certification in Ewert v. Nippon Yusen Kabushiki Kaisha (Ewert), holding that certification is not simply a “file, smile and...more

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