Blakes Competitive Edge™: October 2021 Update

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Welcome to the October issue of Blakes Competitive Edge, a monthly publication of the Blakes Competition, Antitrust & Foreign Investment group. Blakes Competitive Edge provides an overview of recent developments in Canadian competition law, including updates on enforcement activity by the Canadian Competition Bureau (Bureau), recent initiatives and key trends.

Key Highlights

  • Competition Bureau requests information from market participants to aid in its evaluation of Rogers’ proposed acquisition of Shaw in five key areas identified as having potential impacts on competition should the acquisition proceed.

  • Merger review activity remained strong through the month of September with 164 merger reviews having been completed year-to-date. This is a seven per cent increase over the number of reviews completed through the same period in 2019 (153), and a 45 per cent increase over the number of reviews through the same period in 2020 (113).

Merger Monitor

September 2021 Highlights

  • 18 merger reviews completed

  • Primary industries: real estate and rental and leasing (39 per cent); manufacturing (17 per cent); and finance and insurance (11 per cent)

  • Zero consent agreements (remedies) filed

  • 11 transactions received an Advance Ruling Certificate (61 per cent), while seven transactions received a No Action Letter (39 per cent)

January – September 2021 Highlights

  • 164 merger reviews completed

  • Primary industries: manufacturing (22 per cent); real estate and rental and leasing (16 per cent); mining, quarrying and oil and gas extraction (16 per cent); and finance and insurance (12 per cent)

  • One consent agreement (remedies) filed

  • 108 transactions received an Advance Ruling Certificate (66 per cent), while 55 transactions received a No Action Letter (34 per cent)

industry chart breakdown
 

Merger Enforcement

Competition Bureau seeks information from market participants regarding Rogers’ proposed acquisition of Shaw

  • On September 28, 2021, the Competition Bureau (Bureau) issued a request for information (RFI) from market participants to assist in evaluating whether Rogers’ proposed acquisition of Shaw is likely to result in a substantial lessening or prevention of competition for mobile wireless, wireline internet and broadcasting services. The Bureau has highlighted several areas of interest in its RFI, including: mobile wireless services to consumers; consumer and small business internet services; fibre transport services; the supply of Broadcasting Distribution Undertakings (BDUs); and the provision Relay Distribution Undertaking services. The Bureau’s RFI is open for response until October 29, 2021.

Investment Canada Act

Highlights

  • Information regarding Investment Canada Act decisions for June 2021 and January – June 2021 have not yet been published and will instead be included in next month’s Competitive Edge newsletter.

Blakes Notes

  • On October 1, 2021, members of the Blakes Competition, Antitrust & Foreign Investment group hosted a webinar titled Politics, National Security and Foreign Investment: A Post-Election Assessment. If you missed it, you can watch a recording of the session here.

  • Blakes Partner Julie Soloway was recently named one of the Top Women in Antitrust by Global Competition Review. This is the third time Julie has been recognized by GCR, which profiles the leading female competition practitioners from around the world. Read more here.

  • Blakes Partner Navin Joneja was recently named one of Canada’s Top 25 Most Influential Lawyers by Canadian Lawyer Magazine. Navin was selected for his work leading some of the highest-profile competition matters in Canada during the past 18 months Read more here.

  • To read more thought leadership insights from the Competition, Antitrust & Foreign Investment group, please click here.

  • For the latest legal and business updates regarding COVID-19, visit our Resource Centre.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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