Nov. 12, 2020 - While Canada’s Competition Bureau (Bureau) has been working remotely during the COVID-19 pandemic, its enforcement and activity levels have remained healthy and robust. The latest speech from the Commissioner of Competition (Commissioner) and the Bureau’s recent enforcement efforts both...
International Merger Enforcement — A Canadian Context
This article, which was originally published on the CompLaw Blog, explores the different conclusions Canada and the U.S. arrived at in the review of that transaction and how the two countries differ on industrial review. This paper presented at the Antitrust in the Americas Conference of the American Bar Association begins with an overview of the Canadian merger review process, followed by a comparison of the U.S. and Canadian timelines for contested cases and a discussion of some atypical bases on which the Canadian competition authority has found proposed mergers to be anti-competitive. Finally, the paper discusses the efficiency defence in the merger provisions of the Canadian Competition Act.
Nov. 06, 2020 - The Supreme Court of Canada (Supreme Court) yesterday handed down its highly awaited decision in Quebec (Attorney General) v 9147-0732 Québec inc. 1 For the first time, the Court decided that corporations cannot claim the protection of section 12 of the Canadian Charter of Rights...