Oct. 23, 2020 - The Competition Act provides the Commissioner of Competition with a number of powerful investigative tools in respect of both criminal and civil matters, including the power to obtain and execute search warrants that allow Competition Bureau officers to enter premises and to seize...
Merger Review in Canada
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.
Sept. 17, 2020 - As the COVID-19 public health crisis continues to unfold around the globe, antitrust considerations remain important for businesses evaluating strategic options and reacting to the pandemic’s disruptive impact on business operations. The legality of competitor collaborations, the applicable...