Canada

Anticompetitive agreements, Canada

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Introduction The Canadian Competition Bureau (“Bureau”) has issued a statement (the “Statement”) clarifying its position on “no-poaching”, wage-fixing and other types of “buy-side” agreements between competitors that may affect employees and labour markets. In the Statement, the Bureau expresses its concerns about the possible anticompetitive consequences of such agreements and states that it would be…

Abuse of dominance, Antitrust, Big data, Canada, Competition law, Competition policy, Digital competition, Digital markets, Digitisation, E-commerce, E-communications, Enforcement, Merger control, Merger regulation, Mergers, Minority shareholding

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The Davies Forecast of Top 5 Trends and Issues for Canadian Competition Law in 2020 Jim Dinning, Anita Banicevic and Mark Katz Here is Davies’ annual forecast of Canadian competition law developments for the year ahead. 1. FOCUS ON THE DIGITAL ECONOMY Given the Competition Bureau’s stated priorities during the tenure of current Commissioner of…

Antitrust, Canada, Merger control, Merger regulation, Mergers

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Recent Developments in Canadian Merger Review: Sad Holiday Tidings for Merging Parties Charles Tingley, Anita Banicevic, Mark Katz In his own version of the pre-holiday rush, the Canadian Commissioner of Competition challenged one merger transaction just before the Christmas holidays and entered into a consent agreement to preserve assets pending his review of another. The…

Abuse of dominance, Antitrust, Canada, Competition, Competition law, Competition policy

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Recent Developments in Abuse of Dominance Law in Canada: When is Anti-Competitive Conduct Justified? Charles Tingley and Mark Katz On October 17, 2019, the Canadian Competition Tribunal dismissed an application by the Commissioner of Competition alleging that the Vancouver Airport Authority (VAA) had abused a dominant position in the market for in-flight catering services at…

Canada

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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…

Canada

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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…

Canada, Cartels, Leniency

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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…

Canada, Merger control

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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…

Canada, Mergers

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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…

Canada, E-commerce

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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…