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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
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...more
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
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
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
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
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
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
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
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
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
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
One of the recent amendments to the Competition Act has the potential to seriously chill price competition by leading Canadian businesses....more
The Government of Canada has now passed significant amendments to the Competition Act via its Budget Implementation Act, 2022, No. 1 (the “BIA”), which received Royal Assent on June 23, 2022. The inclusion of these changes in...more
Since the last edition of the QCC, there has been a series of dramatic developments in the criminal antitrust enforcement space in the U.S. from the Department of Justice’s Antitrust Division (Division)....more
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
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
Late last month, the Ontario Securities Commission (OSC) announced that it was undertaking a consultation process in regards to the practice of tied selling among commercial lenders. The announcement follows a request by...more
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
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
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
The long-awaited Facebook antitrust bomb dropped on Wednesday, with the FTC and attorneys general from more than 40 states accusing Zuck & Co. of “buying up its rivals to illegally squash competition” in D.C. federal district...more
A World Trade Organization panel on Tuesday declared that the U.S.’s 2018 tariffs on China “violated international trade rules,” siding with China and its allegations that the White House’s trade war broke, among other...more
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