The Supreme Court of Canada (SCC) released its first decision in nearly 20 years regarding the Competition Act’s merger provisions on 22 January 2015. Its decision in Tervita Corp v Canada (Commissioner of Competition) is important because (1) it sets out the proper analytical framework for determining whether a transaction substantially prevents competition, as opposed to substantially lessens competition; and (2) it clarifies the application of Canada’s statutory “efficiencies defence” to otherwise anticompetitive mergers.
Disclosure Interrupted: CSA Pauses Climate and Diversity Disclosure Rules
Apr. 28, 2025 - The Canadian Securities Administrators (CSA) is pausing its work on climate-related and diversity-related disclosure rules in order “to support Canadian markets and issuers as they adapt to the recent developments in the U.S. and globally. ” Consistent with the CSA’s recent regulatory shift...
Canada Updates National Security Review Guidelines Amid Trade Tensions
Mar. 06, 2025 - Canada’s Minister of Innovation, Science and Industry (Minister), François-Philippe Champagne, has announced an update to the Investment Canada Act (ICA) National Security Review Guidelines (Guidelines) to expressly include “the potential of the investment to undermine Canada’s economic...
