Canada

Canada, Intellectual property (IP), Pharmaceuticals

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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, Investigations

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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,…

Canada, Consumer welfare

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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…

Canada, Competition

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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….

Canada, Mergers

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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…

Canada, Enforcement

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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….

Canada, Cartels

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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…

Canada, Competition

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Three key themes will shape Canadian competition and foreign investment law in 2015. Specifically, we see developments in these areas unfolding in a regulatory environment in which administration and enforcement is increasingly: • consumer-facing: The Competition Bureau’s focus on enforcement in consumer-facing industries will continue into 2015, with policy emphases and recent or open dossiers…

Canada, Pricing

(Davies Ward Phillips & Vineberg LLP, Canada)/ /1 Comment

The Canadian government is determined to remedy what it (and many Canadians) regard as an unjustified gap between US and Canadian prices for the same goods. In particular, the government has focussed on what it perceives to be unjustified “country pricing” or “cross-border price discrimination”, ie, businesses charging more for goods sold in Canada than…

Canada, Consumer welfare

(Davies Ward Phillips & Vineberg LLP, Canada)/ /1 Comment

One of the functions that trade and professional associations often perform is to help “regulate” the business conduct of their members, often through the vehicle of “codes of ethics”. When properly applied, “self-regulation” of this type can protect consumers, reduce regulatory burdens for industry members, and enhance an industry’s reputation with government bodies and the…