Mar. 27, 2024 - Substantial amendments to the Investment Canada Act (ICA) were enacted on March 22, 2024, with the passing of Bill C-34, the National Security Review of Investments Modernization Act. These amendments, long in the works, will come into effect on a date to be fixed by Cabinet. It...
Most Favored Nation Clauses: A Review of Enforcement Activity
Most favored nation (MFN) clauses in vertical agreements are essentially arrangements between buyers and sellers, pursuant to which one party guarantees that the other will receive the best price or terms for a product or service. MFNs are ubiquitous and have become increasingly popular in a variety of industries, including health care, payment cards, online travel and retail. Antitrust authorities have engaged in the interplay of MFNs and competition for decades; however, recently we have seen increased MFN enforcement in a number of jurisdictions.
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Mar. 13, 2024 - The Canadian government recently issued two policy statements (IDM Statements) affirming that it will enhance its scrutiny under the Investment Canada Act (ICA) of foreign investments in the Canadian Interactive Digital Media (IDM) sector. One of the statements sets out the...