In our annual forecast of the year ahead for Canadian competition and foreign investment review law, the Davies Competition Law and Foreign Investment Group outlines the “Top 10” key issues and trends to watch for this year. 1. A Green Light for Class Actions by Indirect Purchasers The Supreme Court of Canada issued an important…

In a move that signals that UK criminal cartel enforcement is set to increase, Peter Nigel Snee appeared on 27 January 2014 at Westminster Magistrates’ Court to face charges under the UK’s criminal cartel offence. Mr Snee has been charged under section 188 of the Enterprise Act 2002 with “dishonestly agreeing with others to divide…

On December 23, 2103, the Federal Cartel Office (“FCO”) published an explanatory note on settlement proceedings in antitrust cases on its website. Since 2007, the FCO has increasingly terminated cases through settlements, so the note came rather late. Unlike the European Commission, the FCO has entered into settlement agreements without a specific regulatory basis and…

The UK competition regime is somewhat unusual in operating a concurrent competition regime with a range of sector regulators. The UK’s seven sector regulators (covering communications and post, water, rail, gas and electricity, air traffic and airport operations, and healthcare) can launch competition related investigations if they have reasonable grounds to suspect an infringement of…

On November 12, 2013, the European Commission published a summary of its December 20, 2012 decision (the “Decision”) accepting commitments offered by members of the Thomson Reuters group (“Thomson Reuters”).  The Decision ended a three-year-long investigation that began in October 2009 into Thomson Reuters’ alleged abuse of a dominant position in a market defined as…

THE FOLLOWING CHECKLIST WAS AUTHORED BY LYUDMILA (LUDA) NAPOE, SENIOR COUNSEL, WM. WRIGLEY JR. COMPANY AND ERIKA DOUGLAS, DAVIES WARD PHILLIPS & VINEBERG LLP. THE VIEWS EXPRESSED HEREIN ARE THOSE OF THE INDIVIDUAL AUTHORS AND NOT OF THEIR RESPECTIVE ORGANIZATIONS. *********************************** Canada’s Competition Bureau, like other competition enforcement agencies, identifies “compliance audits” as one of…

The FCO published new fining guidelines on June 25, 2013, which have been applied for several months now. However, the guidelines as well as the recent practice do not provide a lot of guidance. The previous fining guidelines followed a similar methodology as those of the European Commission: the FCO first determined a base amount…

Much ink has been spilt following 2 Travel v. Cardiff Bus[1]2 Travel Group PLC (in liquidation) v Cardiff City Transport Services Limited (2012) CAT 1. and Albion Water v. Dŵr Cymru Cyfyngedig[2]Albion Water Ltd. v Dŵr Cymru Cyfyngedig (2013) CAT 6. on the subject of competition litigation in Europe.  An axiom with varying justification is that…

On 5 December, the European Commission published a package of measures to reduce the administrative burden of EU merger control, which will apply as of 1 January 2014. The package extends the scope of the simplified procedure for non-problematic cases. This means that more transactions may be notified using the Short Form CO, which will…