For the last few years, a series of significant, iterative amendments to Canada’s Competition Act (Act) have occupied centre stage in any discussion of Canadian competition law and policy. With the last of these amendments coming into force in June 2025, attention is increasingly shifting to how the cumulative amendments will be applied. In this…
In June 2024, amendments to the Canadian Competition Act (Act) garnered significant attention (and often, criticism) from both business and legal communities in Canada for the introduction of new “greenwashing” provisions. The new provisions explicitly require businesses to substantiate claims made to Canadian consumers relating to the benefits of the business, business activities, products and/or…
On June 20, 2024, the Canadian Parliament passed important changes to Canada’s Competition Act (Act) with the enactment of Bill C-59, the Fall Economic Statement Implementation Act, 2023 (Bill C-59). The amendments to the Act contained in Bill C-59 mark the third (stage in the Canadian government’s extensive overhaul of Canadian competition law, which began…
Introduction On April 23, 2024, the Canadian Competition Bureau (Bureau) issued its report (Report) on the proposed acquisition of Viterra Limited (Viterra) by Bunge Limited (Bunge), concluding that the transaction (Proposed Transaction) is likely to result in substantial anticompetitive effects in certain agricultural markets in Canada. Bunge and Viterra are both multinational agribusiness companies. In…
After an initial period of indifferent interest, the current Canadian government continues to toughen its approach to the review of foreign investments in Canada. Two important developments in March 2024 underscore this trend. First, the government enacted substantial amendments to the Investment Canada Act (ICA) on March 22, 2024.These amendments, the most significant since 2009,…
2023 was marked by the most significant overhaul of Canadian competition law and policy in over a decade. The changes represent a significant victory for Canada’s Competition Bureau (Bureau), which has persuaded the Canadian government that enhancing enforcement of the Canadian Competition Act (Act) will help reduce inflation and address issues of affordability affecting the…
On June 23, 2023, amendments to the Canadian Competition Act (Act) took effect which now make it a per se criminal offence for unaffiliated employers to agree, conspire or arrange to: “Fix, maintain, decrease or control salaries, wages or terms and conditions of employment” (wage-fixing agreements); or “Not solicit or hire each other’s employees” (no-poach/non-solicit…
In this annual review of Canadian foreign investment law, we discuss developments over the past year, including proposed amendments to the Investment Canada Act (ICA) and new government policies on the treatment of specific categories of investments. We also consider how these trends will influence enforcement in the year to come. Our central observation is…
Significant amendments to Canada’s Competition Act (Act) dominated discussion about Canadian competition law policy and enforcement in 2022. Given the full implementation of the first round of amendments and the formal commencement of public consultation on further amendments, potential legislative reforms are certain to remain at the forefront of Canadian competition law discourse in 2023….
The Canadian government has proposed legislation to update and reinforce its national security review process under the Investment Canada Act (ICA). The proposed changes – contained in Bill C-34, National Security Review of Investments Modernization Act (Bill) – are the most significant since the ICA’s national security regime was introduced in 2009. Proposed New…
