Competition Law in Canada – Top 10 Issues for 2013 This is a post of an article written by my partners Anita Banicevic, Richard Elliott, Charles Tingley and me **************************************** 2012 was a busy year for competition law and policy in Canada. Below we consider how some of the important developments in 2012 will shape…

The Canadian Track Record in Punishing Cartel Conduct Canada has a long history of pursuing and prosecuting cartels (more commonly referred to in Canadian competition law as “conspiracies”). The first criminal anti-cartel prohibition was enacted in Canada in 1889, one year prior to passage of the Sherman Act in the United States. Since that time,…

A NEW COMMISSIONER OF COMPETITION FOR CANADA The year just ended witnessed a changing of the guard at Canada’s Competition Bureau, with Melanie Aitken resigning as Commissioner of Competition in September 2012. Ms. Aitken was replaced on an interim basis by John Pecman, a seasoned Bureau veteran with over 28 years of enforcement experience. It…

Canada’s first competition legislation was enacted in 1889, with the intention of combatting the price-fixing and other anti-competitive conduct of so-called “combinations”. Trade and professional associations figured prominently among the “combinations” alleged to have engaged in this anti-competitive behaviour. As one observer commented at the time, “there are few branches of trade in this or…

Merger challenges are rare in Canada.  The last contested merger case in Canada was in 2005.  Typically, concerns about a prospective merger are resolved in negotiations between the Commissioner of Competition (the “Commissioner”) and the acquiring party, with some form of partial divestiture the usual remedy required. As such, it was a major development when…