Recent Developments in Canada: Supreme Court Expands Scope of Potential Liability in Price-Fixing Class Actions Written by Sandra A. Forbes, Derek D. Ricci ,Chantelle (Spagnola) Cseh and Maura O’Sullivan of the Davies Litigation Group The Supreme Court of Canada has released its long-awaited decision in two companion appeals that have significant implications for class actions…

Recent Developments in Canadian Competition Law: Will the Competition Bureau Intrude on Privacy?  Anita Banicevic and Mark Katz Introduction Similar to other antitrust authorities, Canada’s Competition Bureau is paying significant attention to the “digital economy”. In its most recent Annual Plan, for example, the Bureau stated that its highest priority is to ensure that Canadians…

Recent Developments in Canadian Cartel Enforcement: Is Business Becoming Immune to the Competition Bureau’s Immunity/Leniency Programs? Charles Tingley, Mark Katz, Anita Banicevic As noted in our July 26/19 post on Recent Developments in Canadian Merger Review, merger enforcement in Canada is already seeing the impact of the March 2019 appointment of Matthew Boswell as the…

RECENT DEVELOPMENTS IN CANADIAN MERGER REVIEW: NEW COMMISSIONER MEANS NEW ENFORCEMENT AGENDA Anita Banicevic, Charles Tingley, Mark Katz In March 2019, Matthew Boswell was appointed to head the Canadian Competition Bureau (“Bureau”) as the country’s newest Commissioner of Competition (“Commissioner”). In that capacity, Mr. Boswell is responsible for the enforcement and administration of Canada’s Competition Act (Act”), including…

The ability of merging parties to properly participate in the merger review process is premised on the freedom to exchange information and discuss strategies necessary to obtain clearance (subject to all the requisite protections against gun-jumping of course). This freedom to share and exchange information and views is based on the understanding that such communications…

This item was written by my colleague Anita Banicevic While most consumers know that their clicks and “likes” leave a digital trail, the rise of the digital economy has led to a spike in the volume and types of data being created and collected. If data is “the new oil,” it’s no surprise that regulators…

The following item was prepared by my colleagues Jim Dinning and David Feldman In the annual Davies forecast of the year ahead for Canadian competition law, we discuss the top five issues and trends to watch for in Canadian competition law this year. 1. New Leadership at the Bureau and a Year of Transition 2018…

By Daniel Schwarz, Clifford Chance, and Mark Katz, Davies Ward Phillips & Vineberg   Introduction With the Comprehensive Economic and Trade Agreement (CETA) having finally been signed by the EU and Canada on October 30, 2016, it’s worth exploring what it says about competition law and policy and how it may impact these issues on both…

By Mark Katz, Davies Ward Phillips & Vineberg LLP and Joseph Adler, Hoffer Adler LLP INTRODUCTION The Canadian franchise industry constitutes an important sector of the Canadian economy. The industry employs one in every 35 Canadian, generates approximately CDN$68 billion in revenues, and covers a wide variety of businesses (60% of franchisees are in non-food…

HERE IS AN ARTICLE BY MY COLLEAGUES ANITA BANICEVIC AND JOHN BODRUG ON A RECENT CASE IN WHICH THE CANADIAN AND U.S. AUTHORITIES REACHED DIFFERENT CONCLUSIONS ON A MERGER BECAUSE OF THE COUNTRIES’ DIFFERENT LEGAL STANDARDS On June 28, 2016, Canada’s Competition Bureau announced that it had cleared Superior Plus Corporation’s acquisition of Canexus Corporation…