Sept. 30, 2019 - Canada’s Competition Bureau is actively seeking and reviewing smaller acquisitions that may not exceed pre-merger notification thresholds under the Competition Act but that may nonetheless raise substantive competition issues. The Bureau’s demonstrated interest in evaluating smaller mergers...
Proposed Amendment to Canada’s Competition Act to Prohibit “Unjustified” Cross-Border Price Discrimination
The 2014 federal budget includes a proposal to address concerns about what many Canadians regard as an “unjustified” price gap between U.S. and Canadian pricing for the same goods. While precise details are not yet available, the plan is to empower Canada’s Commissioner of Competition to enforce new rules against companies with “market power” that charge higher prices in Canada than in the U.S.
This article identifies the Canadian Senate’s “Canada-USA Price Gap” report published in early 2013, and the 2013 “Speech from the Throne” as precursors to the proposal. It also discusses the fears of increased uncertainty for multinationals that have been expressed in certain quarters.
Sept. 24, 2019 - The Supreme Court of Canada has released its long-awaited decision in two companion appeals that have significant implications for class actions alleging conduct that contravenes the criminal provisions found in Part VI of the Competition Act (Act). In its decision in Pioneer Corporation...