On March 29, 2016, the Canadian Commissioner of Competition and Parkland Fuel Corp. entered into a consent agreement to resolve the Commissioner’s challenge to Parkland’s acquisition of Pioneer Energy. This marks the first time in a Canadian Competition Tribunal proceeding that a consent agreement has been negotiated through mediation. The consent agreement includes not only…

by Anita Banicevic and Mark Katz[1] 2015 saw a number of interesting developments in cartel enforcement in Canada, the most important of which were setbacks suffered by Canada’s competition authorities in two high profile prosecutions. We discuss these and other developments below, following a brief overview of the cartel enforcement regime in Canada. Cartel Enforcement…

Introduction The Competition Act, R.S.C. 1985, c. C-34 (“Competition Act”) requires that mergers, acquisitions and other business combinations that meet certain prescribed thresholds be notified to the Commissioner of Competition (“Commissioner”), the head of the federal Competition Bureau (“Bureau”), before they can be completed. A notification must be filed by each party to a notifiable…

I. INTRODUCTION In June 2015, Canada’s Competition Bureau released its updated draft of the Intellectual Property Enforcement Guidelines (“Draft IPEGs”) for public review and consultation. The Draft IPEGs are intended to reflect the 2009 amendments to the Competition Act (the “Act”), including the changes to the criminal conspiracy provisions and the introduction of a new…

Canada’s Commissioner of Competition is armed with a variety of compulsory powers that he can use in pursuing investigations. One such power is the ability, with the permission of a court, to subpoena documents and information under section 11 of the Canadian Competition Act. Of late, the Commissioner has been using such orders quite extensively,…

By Anita Banicevic and Mark Katz On October 14, 2015, the Canadian Competition Bureau announced that it had reached a Consent Agreement with Bell Canada to resolve the Bureau’s concerns regarding reviews posted by Bell employees for two Bell applications (apps) that were available from the iTunes App Store and the Google Play Store. The…

Company H.R. functions, such as recruitment and compensation, are not typically regarded as antitrust “hot spots” (as opposed to sales and marketing). Recent cases in the United States, however, highlight how hiring practices can create the risk of competition law violations for companies and their H.R. personnel. Since Canadian competition law is similar to U.S….

Mark Katz and Jim Dinning, Davies Ward Phillips & Vineberg LLP, Toronto, Canada This Note provides an overview of the notification requirements that apply to certain mergers, acquisitions and other business combinations under Part IX of the Competition Act. It first considers the type of transactions that require notification and the thresholds that apply. It…

Three recently announced enforcement proceedings underscore the importance of complying with the rules governing advertising and business promotions in Canada. These rules are contained in the Competition Act as well as legislation and policies governing, for example, (i) telemarketing and (ii) the use of “commercial electronic messages” to promote a business’s products and services. 1….

BY CHARLES TINGLEY, DAVIES WARD PHILLIPS & VINEBERG LLP On February 4, 2015, the Ontario Superior Court of Justice ruled that relevant factual information proffered to the Crown in order to qualify for immunity or leniency under the Competition Bureau’s cartel Immunity and Leniency Programs is not protected from disclosure to accused persons by either…