On June 23, 2022, significant amendments were made to the Competition Act (the “Act”). Our previous blog post discusses these amendments in detail. Among other things, the proposed amendments added to the list of the factors enumerated in the Act that the Competition Tribunal (the “Tribunal”) may consider under the abuse of dominance, merger review
Competition chronicle
Competition & Antitrust | Foreign Investment
Canada’s New Competition Act Amendments and Private Competition Litigation: Compliance Tips for Businesses Operating in Canada
Significant amendments to Canada’s Competition Act (the “Act”) are now law. The amendments can be broken down into five categories: (i) abuse of dominance, (ii) criminal cartel and competitor collaborations, (iii) marketing and consumer protection, (iv) merger review and (v) evidence gathering. All amendments are currently in effect with the exception of the new offence for wage-fixing…
Federal Court of Appeal Confirms Scope of Competition Act Conspiracy Provisions
On August 17, 2022, the Federal Court of Appeal (the “FCA”) dismissed the appeal by Kobe Mohr in Mohr v. National Hockey League. In summary, the FCA found that the decision reached by the Federal Court was correct in its conclusion, and that neither s. 48(1) nor s. 45(1) of the Competition Act (the “Act”)…
Canada to Permit Voluntary Filings Under National Security Provisions of Its Investment Canada Act
On August 2, 2022, amendments to the National Security Review of Investments Regulations will come into force, creating a voluntary filing mechanism for investors who do not currently have a filing obligation under the Investment Canada Act (the “Act”). These amendments will also extend the initial national security review period from 45 days to five years for…
Significant Amendments to Canada’s Competition Act Are Now Law: What You Need to Know
On June 23, 2022, Bill C-19, also known as the Budget Implementation Act, 2022, No.1 (“BIA”), received royal assent. The BIA was tabled in Parliament on April 7, 2022 and included significant proposed amendments to the Competition Act (the “Act”).…
Rapid passage of Competition Act amendments through Budget Implementation Act process can cause more harm than good
By John Pecman
The Trudeau government’s plan for a quick and easy win on competition law reform owing to public pressure to tame the large digital platforms will result in significant changes to the Competition Act being pushed through with little to no scrutiny because there is not enough time to properly consult and debate the proposed reforms…
Significant Amendments to Competition Act Coming Soon
Recognizing the critical role of the Competition Act (the “Act”) in promoting dynamic and fair markets, Canada’s Minister of Innovation, Science and Industry, the Honourable François-Philippe Champagne, announced on February 7, 2022 that he would carefully evaluate potential ways to improve its operation. This included, among other things, adapting the law to today’s digital reality…
Navigating Competition Law Compliance in Dual Distribution Relationships – Recent Case Law and Lessons from Europe
Competition law generally classifies relationships between firms as vertical (supplier and customer) or horizontal (competitors or potential competitors). The nature of the relationship has important implications for how the law applies.…
Can Foreign Investigations Establish Some Basis in Fact of an Alleged Conspiracy?
Competition class actions are often sparked by regulatory or criminal investigations, especially when there are admissions of anti-competitive conduct or guilty pleas.
In the recent Jensen decision, the Federal Court of Canada considered when the mere existence of an investigation can support certification, and what is required for a foreign investigation to satisfy the “some…
Competition Bureau Recommendations Regarding Abuse of Dominance
As discussed in more detail in our prior blog post titled “Competition Bureau Recommendations to Strengthen the Competition Act”, in a continuing effort to ensure that Canada has an effective and impactful competition law framework, Senator Howard Wetston invited interested stakeholders to participate in a consultation to promote additional dialogue on the path…