James Musgrove photo
James Musgrove photo
James Musgrove photo

James Musgrove is a competition and antitrust lawyer who has been involved in numerous high-profile national and international antitrust matters. With a practice focused on foreign investment and mergers and acquisitions, he assists clients in a range of industries, including banking and finance, marketing and advertising, and oil and gas.

James advises on cartels, investment reviews, foreign corrupt practices and distribution and makes regular presentations and submissions to the Competition Bureau. He is also a leading expert in marketing regulations and in advising on matters concerning misleading advertising and abuse of dominance.

Chambers Canada 2021 and Best Lawyers in Canada 2021 recognize James as a leading lawyer in both advertising and marketing law and competition / antitrust law. He is also recognized in the Legal500 Canada 2021 as a leading competition and antitrust lawyer, and as one of Canada’s leading finance and M&A lawyers in the 2021 Lexpert Special Edition on Finance and M&A. He is included in the 2021 edition of the Lexpert / American Lawyer Guide to the Leading 500 Lawyers in Canada: Competition Law. The author of numerous texts on the subject, and a member of various international competition law working groups, James is widely considered a leading authority on competition law.

James is a national leader of the firm’s Competition, Antitrust & Foreign Investment Group.



Representative Matters

Mergers

  • Counsel in numerous merger matters including: Rogers/Glentel, Kraft/Cadbury, Philip Morris/Nabisco, Shell/Himont, AXA/Intact, Procter & Gamble/Tambrands, Rogers/Quebecor, Shell/Payless, BBM Canada/Nielsen, West Fraser/Weldwood, Teck/Cominco, Kraft/Nestle, Teck Cominco/Aur Resources, Teck Cominco/Inco, Teck Cominco/Fording, Davis + Henderson/Resolve, Poscor/Triple M, Johnson Controls/Yanfeng, amongst others

Cartels & Class Actions

  • Counsel in various cartel cases, including Liquid Crystal Display, DRAM, Cathode Ray Tubes, Marine Hoses, Retail Gasoline, Auto Parts, Parcel Tanker Services, Copper Concentrates, Credit Cards, Electrical Contractors, Fine Paper and Compressed Gas

Litigation

  • Leading non-class action competition law litigation includes: NutraSweet, West Fraser, Mastercard and Interac before Competition Tribunal, and Polaroid, Air Canada Jazz, Mastercard/VISA and Toronto Port Authority before Ontario/BC/Quebec/Alberta Courts

Advertising

  • Counsel in numerous advertising hearings conducted before Advertising Standards Canada’s Trade Dispute Panels, and Chair of Hearing Panel
  • Negotiation of various alternate case resolutions with Competition Bureau
  • Counsel to Volkswagen with respect to Diesel Emissions issue

Counseling

  • Advises on anti-trust, distribution and competition law matters, mergers, agreements amongst competitors, foreign investment, foreign corrupt practices and misleading advertising. Makes regular representations and submissions to the Competition Bureau with respect to mergers, and pricing and distribution of goods and services

Speaking Engagements

“Effectively Remedying Abusive Behaviour: The Canadian Experience”, ICN 2022 Annual Conference, Berlin

May 4-6, 2022

"Structural Remedies for Abuse of Dominance: The Canadian Landscape”, Monopolization: Where Are the Structural Remedies Panel, ABA 2022 Spring Meeting, Washinton, DC

April 5, 2022

Speaker - "Abuse of Dominance 101: Legislation vs Jurisprudence", The CBA Competition Law Section's Reviewable Matters Committee Program

January 11, 2022

Speaker – “Failing Firm Doctrine”, TerraLex Virtual General Meeting Antitrust Program

June 11, 2021

Speaker – “Risky Business: Merger, Joint Venture or Conspiracy?”, Canadian Bar Association Spring Online Symposium

April 30, 2021

Speaker – Osgoode Hall Competition Law Professional Development Course

April 9, 2021

Moderator – “How Are Consumers Being Protected in the Wake of COVID 19 Travel Cancellations: Where Do We Stand Globally?” ABA Section of Antitrust Law, Consumer Protection Committee Teleseminar

February 8, 2021

Speaker – “What Happens When Institutional Memory Disappears, and the Same Mistakes are Repeated – How You Can Ensure that Doesn’t Happen to You!”, Canadian Institute 26th Annual Advertising & Marketing Law Conference

January 21-22, 2020

“Advertising Compliance: What Can Work?”, Canadian Institute’s 26th Annual Marketing and Advertising Law Conference

January 21-22, 2020

Moderator – “Leniency, Immunity and Other Alternatives to Prosecution for Antitrust and White Collar Offences”, TerraLex Global Meeting (Phoenix, Arizona)

November 14, 2019

Speaker – “Litigation and Reviewable Practices”, Forum on Competition Law

November 12, 2019

Conglomerate Mergers: The Canadian Perspective ICN, Merger Working Group Teleseminar

October 29, 2019

Abuse of Dominance in the U.S. and Abroad ABA Section of Antitrust Law

July 17, 2018

Online Vertical Restraints – Issues in Digital Markets 2017 ICN Annual Conference, Porto, Portugal

May 10, 2017

The Future of the ICN in its Second Decade Moderator, ICN Roundtable Discussion, Washington, DC

April 5, 2016

The Shifting General Impression of Disclaimers CBA, 2012 Competition Law Spring Forum: Best Practices in a Time of Active Enforcement

May 2, 2013

Two Sided Markets in Canadian Competition Law – A Very Brief History American Bar Association, Section of Antitrust Law, 61st Antitrust Law Spring Meeting

April 10, 2013

Legal and Economic Assessment of Exclusive Dealing ICN Unilateral Conduct Working Group Teleseminar

July 2012

The Complete Canadian Law of Disclaimers Presented at, The Canadian Institute's 18th Annual Advertising and Marketing Law Conference

January 25, 2012

East & West: Monopolization Updates from Canada and China Moderator, ABA Unilateral Conduct Committee Town Hall

January 17, 2012

Recent Trends in Misleading Advertising Enforcement Marketing and the Law: Negotiating the Minefield Conference - Association of Canadian Advertisers

December 2011

Closed to Competition? When Do Proprietary Networks Give Rise to Anti-Competitive Outcomes; When Can They Promote Competition, How Can We Tell? Moderator, American Bar Association, Section of Antitrust Law's Unilateral Conduct Committee and Intellectual Property Committee, Program

May 19, 2011

Debate This! The Two Sides to the Top Ten Competition Law Developments Everyone Needs to Know About CBA Competition law Spring Forum 2011

May 2011

ICN Roundtable on Inter-Agency Cooperation Washington, DC

March 2011

International Competition Network Unilateral Conduct Workshop, Brussels

December 2010

Jointly Venturing into Unchartered Territory: The New Conspiracy Law and its Implications for Joint Venture Conduct Canadian Bar Association 17th Annual Competition Law Fall Conference

September 30, 2010

Advertising and Marketing Law Update The Six Minute Business Lawyer 2010, The Law Society of Upper Canada, Continuing Legal Education

June 2010

Competition Bureau Update – Civilly Reviewable Matters II Competition Law Course, Canadian Competition Bureau

March 2010

Distribution Issues in the North Atlantic Triangle: Part II: Resale Price Maintenance- The New Lay of the Land American Bar Association, Section of Antitrust Law's Unilateral Conduct Committee, International Committee and Distribution & Franchise Committee Teleseminar

October 2009

International Competition Network Working Group Unilateral Conduct Washington, D.C.

March 23, 2009

Guidance Galore: Selected Comparisons of the Recent U.S., EC and Canadian Abuse of Dominance Enforcement Statements Northwind Professional Institute's, 2009 Competition Law & Policy Forum

February 11, 2009

Single Firm Conduct - Enforcement or Not Northwind Professional Institute's 2009 Competition Law & Policy Forum

February 2009

Competition Law Course, LL.B. Program Dalhousie University

2009

Canadian Antitrust Law for the In-House Practitioner American Bar Association, Brown Bag Teleconference

November 2008

Rules Affecting Telemarketers Lang Michener Seminar DON'T CALL US! - New Rules For Telemarketing

June 2008

Dealing with the Guilty Plea and Beyond Competition, Crime and Punishment: The Practice, Procedure and Substance of Criminal Competition Law presented by the Canadian Bar Association's National Competition Law Section

April 2008

Unilateral Conduct Working Group Break Out Session, International Competition Network 7th Annual Conference, Kyoto, Japan

April 14, 2008

Setting Prices: Exploring Points of Divergence Across Jurisdictions 56th Annual Spring Meeting of the Antitrust Law Section of the American Bar Association

March 2008

Al Gore Triumphant: Puffery, Environmental Marketing and Other Events of Interest Canadian Institute's 14th Annual Advertising and Marketing Law Conference

January 24, 2008

Mergers: Minimizing the Mess Lang Michener Five O'clock Seminar Strategic Communications in Business and Law

November 2007

Economic Tools for the Competition Lawyer CBA Annual Fall Conference on Competition Law, Gatineau, Quebec

October 2007

North America and the Globalisation of Antitrust CBA/IBA Joint Spring Competition Law Conference, Toronto

May 2007

Mapping the Terrain: An Update on Canadian Competition Law and a Look at the Year Ahead Lang Michener National Competition Law Group Seminar, Toronto

May 2007

Symposium on the Interface Between Competition and Intellectual Property Participant, Ottawa

March 2007

Conquering Legal Challenges Arising from the New Media Explosion - Seizing Opportunities While Minimizing Risk The Canadian Institute's 13th Annual Advertising and Marketing Law Conference, Toronto

January 2007

Developments in the Law of Price Maintenance, Refusal to Deal, and Predatory Pricing and Loyalty Programs and Abuse of Dominance: Canada Pipe Competition Law Essentials Conference, The Continuing Legal Education Society of BC, Vancouver

December 2006

Competition Law Essentials Conference The Continuing Legal Education Society of BC, Vancouver

December 2006

Loyalty Programs: The Latest from Canada ABA, Section of Antitrust Law and ABA Center for Continuing Legal Education Buying Loyalty Revisited: Loyalty Programs in the U.S., EU and Canada

November 2006

Managing the Risks and Rewards of Your Multi-Channel Strategy: Achieving Regulatory Compliance and Peace of Mind The Canadian Institute's Customer Acquisition and Retention Summit, Toronto

November 2006

Canadian Criminal Competition Law Enforcement: Practical Approaches to Manage Risk and Taking Compliance Seriously: How to Get Religion Without Going Through Hell IBA Conference Antitrust Compliance: Prevention is better than Cure

September 2006

CBA Annual Fall Conference on Competition Law Section Chair and Speaker, Gatineau, Quebec

September 2006

Mergers in the Morning, Abuse in the Afternoon CBA First Annual Spring Competition Law Conference, Toronto

May 2006

Practical Tips for Overcoming Traps in the Marketing of Payment Cards in Canada The Canadian Institute's Payment Card Compliance in Canada Conference, Toronto

February 2006

The Canadian Law of Comparative Advertising: Bigger and Better! The Canadian Institute's 12th Annual Advertising & Marketing Law

January 2006

When Should You Dare to Compare: Exploring the Latest Issues Involving Comparative Advertising The Canadian Institute's 12th Annual Advertising & Marketing Law, Toronto

January 2006

Developing an Effective Compliance Program Under the Competition Act : Making the Business Case for Due Diligence Insight Information's Annual Advertising and Marketing Law Conference

November 2005

The Price Claim is Right (or is it?): How to Factor Pricing Issues Into Your Marketing Practices 11th Annual Advertising & Marketing Conference

January 25, 2005

Emerging Issues in Electronic Advertising 5th Annual Advertising & Marketing Law Conference, Insight Information Services

February 18, 2003
Read more

Teaching Engagements

  • Osgoode Professional Development, Osgoode Hall Law School, York University – Competition Law & Policy
  • Instructor, Law Society of Upper Canada Bar Admission Course
  • Guest Lecturer, Competition Law Course, LL. B. Program, University of Western Ontario
  • Guest Lecturer, LL. M. in Trade and Competition Law, Osgoode Hall Law School, York University (Numerous)
  • Guest Lecturer, LL. M. in Competition and Economic Regulation, Osgoode Hall Law School, University of Toronto
  • Guest Lecturer, Competition Law Course, LL. B. Program, Dalhousie University

News


Media Mentions

  • The future of competition law in Canada“, by Dale Smith, The National Magazine, Canadian Bar Association (January 11th, 2024)
  • Trudeau’s much-hyped Competition Law Reform to Result in Little Change,” by Carlos Martinez & Mark Coakly, Mergermarket (October 20th, 2023)
  • Top 10 Influential Canadian Competition/Antitrust Lawyers: Insights and Expertise,” by Business Today News (July 10, 2023)
  • Ruling may make Competition Bureau more likely to pre-emptively challenge mergers in court“, by Julius Melnitzer, Financial Post (March 1, 2022)
  • Terence Corcoran: A key debate opens over the Competition Act“, by Terence Corcoran, Financial post (Sep 10, 2021)
  • “The Danger of Precautionary Principle Challenges to Nascent Mergers”, CD Howe Institute (February 24, 2021)
  • “Merger Regulators Don’t Have Crystal Balls, But We Have Backstops If They Get It Wrong”, The Globe & Mail Op-Ed (December 29, 2020)
  • “Competition Bureau’s New Guidelines – Not So Cooperative on Collaboration”, The Globe & Mail Op-Ed (November 1, 2020)
  • “Getting the Deal Through – Merger Control 2021”, Lexology (November 2020)
  • “Rethinking the Competition Bureau”, by Doug Beazley, CBA National Magazine (December 2019)
  • “Empty docket”, by Brent Dowdall, CBA National Magazine (December 2019)
  • “The Godfrey Decision: Competition Class Action Certification Made (Even) Easier”, Lexology (October 3, 2019)
  • “Competition Bureau’s call for intel on anti-competitive conduct in digital economy raises eyebrows” by Julius Melnitzer, Financial Post (September 17, 2019)
  • “Supreme Court declines leave to appeal in TREB case” by Dale Smith, Law Times (September 17, 2018)
  • “John Pecman: the GCR exit interview” by Pallavi Guniganti, Global Competition Review (June 8, 2018)
  • “Class members not on hook in carriage dispute” by Alex Robinson, Law Times (December 5, 2016)
  • “Competition Tribunal continues to limit access to private ‘refusal to deal’ actions” by Julius Melnitzer, Legal Post (February 9, 2016)
  • “Korean bid for BlackBerry would face review” by Sandra Rubin, Lexpert (February 11, 2015)
  • “Why any foreign takeover of BlackBerry Ltd would need to pass muster with Canada’s top spies” by Theophilos Argitis, Financial Post (January 16, 2015)
  • “Ottawa to introduce U.S.-Canada price gap legislation: report” by Brenda Bouw, Balance Sheet – A Yahoo! Finance Blog (August 14, 2014)

Rankings & Recognitions

  • Recognized in the 2024 Canadian Legal Lexpert Directory as a Most Frequently Recommended Lawyer in the area of Competition Law and a Consistently Recommended Lawyer in the area of Advertising & Marketing Law
  • Recognized by Chambers Global (2024) as a leading lawyer in the area of Competition / Antitrust
  • Recognized in the 2024 Lexpert/ALM500 Guide as a leading lawyer in the area of Competition
  • Recognized in the 2023 Lexpert Special Edition on Canada’s Leading Litigation Lawyers as a Leading Litigation Lawyer
  • Listed in Who’s Who Legal: Canada 2023 as a leader in Competition
  • Recognized by Chambers Canada (2024) as a leading lawyer in the area of Competition / Antitrust
  • Recognized by Best Lawyers in Canada (2024) as a leading lawyer in the area of Advertising and Marketing Law and Competition / Antitrust Law
  • Listed in the 2023 Who’s Who Legal: Competition Guide as Recommended in the area of Competition Law
  • Recognized in the 2023 Canadian Legal Lexpert Directory as a Most Frequently Recommended Lawyer in the area of Competition Law and a Consistently Recommended Lawyer in the area of  Advertising & Marketing Law
  • Recognized by Chambers Global (2023) as a leading lawyer in the area of Competition / Antitrust
  • Recognized in the 2023 Lexpert / American Lawyer Guide to the Leading 500 Lawyers in Canada: Competition Law
  • Listed in Who’s Who Legal: Global 2022 as a leader in Competition
  • Listed in Who’s Who Legal: Canada 2022 as a leader in Competition
  • Recognized in the 2022 Lexpert Special Edition on Canada’s Leading Litigation Lawyers as a Leading Litigation Lawyer
  • Recognized by Chambers Canada (2023) as a leading lawyer in the area of Competition / Antitrust Law
  • Recognized by Best Lawyers in Canada (2023) as a leading lawyer in the areas of Advertising and Marketing Law and Competition / Antitrust Law
  • Recognized in the 2022 Canadian Legal Lexpert Directory as a Most Frequently Recommended Lawyer in the areas of Advertising & Marketing Law and Competition Law
  • Recognized by Chambers Global (2022) as a leading lawyer in the area of Competition / Antitrust
  • Recognized in the 2022 Lexpert / American Lawyer Guide to the Leading 500 Lawyers in Canada: Advertising Law and Competition Law
  • Listed in the Legal500 Canada 2022 as a Leading Lawyer – Competition and Antitrust
  • Recognized by Chambers Canada (2022) as a leading lawyer in the area of Competition / Antitrust Law
  • Recognized by Best Lawyers in Canada (2022) as a leading lawyer in the areas of Advertising and Marketing Law and Competition / Antitrust Law
  • Listed in Who’s Who Legal: Global 2022 as a leader in Competition
  • Listed in Who’s Who Legal: Canada 2021 as a leader in Competition
  • Recognized in the 2021 Lexpert Special Edition on Canada’s Leading Litigation Lawyers as a Leading Litigation Lawyer
  • Recognized in the 2021 Canadian Legal Lexpert Directory as a Most Frequently Recommended Lawyer in the areas of Advertising & Marketing Law and Competition Law
  • Recognized in the 2021 Lexpert Special Edition on Finance and M&A as one of Canada’s Leading Finance and M&A Lawyers
  • Recognized in the 2021 Lexpert Special Edition on Canada’s Leading Finance and M&A Lawyers
  • Recognized in the 2021 Lexpert / American Lawyer Guide to the Leading 500 Lawyers in Canada: Competition Law
  • Recognized by Chambers Global (2021) as a leading lawyer in the area of Competition / Antitrust
  • Listed in the 2021 Legal500 Canada Guide as a Leading Lawyer in Competition / Antitrust
  • Recognized by Best Lawyers in Canada (2021) as a leading lawyer in the areas of Advertising & Marketing and Competition / Antitrust
  • Listed in Who’s Who Legal: Canada 2020 as a leader in Competition
  • Recognized by Chambers Canada (2021) as a leading lawyer in the areas of Advertising & Marketing and Competition / Antitrust Law
  • Recognized in the 2020 Canadian Legal Lexpert Directory as a Most Frequently Recommended lawyer in the area of Competition Law and a Consistently Recommended in the area of Advertising & Marketing Law
  • Recognized in the 2020 Lexpert Special Edition on Finance and M&A as one of Canada’s Leading Finance and M&A Lawyers
  • Recognized by Chambers Global (2020) as a leading lawyer in the area of Competition / Antitrust
  • Recognized in the 2020 Lexpert / American Lawyer Guide to the Leading 500 Lawyers in Canada: Competition Law
  • Listed in Who’s Who Legal: Canada 2019 as a leader in Competition
  • Listed in the Legal500 Canada 2020 as a “Leading Lawyer” – Competition and Antitrust
  • Recognized in the 2019 Lexpert/ROB Litigation – Special Edition as one of Canada’s Leading Litigation Lawyers
  • Recognized by Chambers Canada (2020) as a leading lawyer in the areas of Advertising & Marketing Law and Competition / Antitrust Law
  • Recognized by Best Lawyers in Canada (2020) as a leading lawyer in the areas of Advertising & Marketing Law and Competition / Antitrust Law
  • Recognized by the 2019 Lexpert Guide to the US/Canada Cross-Border Lawyers in Canada as a leading Canadian lawyer in cross-border practices
  • Recognized in the 2019 Canadian Legal Lexpert Directory as a Most Frequently Recommended lawyer in the area of Competition Law and a Consistently Recommended lawyer in the area of Advertising & Marketing Law
  • Recognized by Chambers Global (2019) as a leading lawyer in the area of Competition / Antitrust
  • Recognized in the 2019 Lexpert / American Lawyer Guide to the Leading 500 Lawyers in Canada: Competition Law
  • Recognized in the Lexpert Report on Business on Litigation 2018 – Special Edition, as one of Canada’s leading litigation lawyers
  • Listed in Who’s Who Legal Canada: 2018 as a leader in Competition
  • Recognized in the 2018 Canadian Legal Lexpert Directory as a Most Frequently Recommended lawyer in the area of Competition Law and a Consistently Recommended lawyer in the area of Advertising & Marketing Law
  • The International Who’s Who of Competition Lawyers & Economists 2018
  • Ranked by Lexpert Guide (2018) – a leading US/Canada Cross-Border Lawyer in Canada
  • Global Chambers 2018 – Competition/Antitrust
  • Canada Chambers 2018 – Advertising & Marketing, Competition/Antitrust
  • Winner of Global Competition Review Behavioural Matter of the Year – Americas (Defence of MasterCard)
  • Nominated for Benchmark Canada Award 2014  – Impact Case of the Year – Competition Bureau v. Visa and MasterCard
  • Awarded ICD.D Designation from Institute of Corporate Directors, Rotman School of Management, 2013
  • National Advertising Benevolent Society – Builder Award, 2007
  • Toronto Law Association Award 2010

Community Involvement

  • Competition Tribunal / Bar Liaison Committee – Member
  • Canadian Bar Association (Chair, National Competition Law Section 2006-2007)
  • American Bar Association, Section of Antitrust Law Leadership – Long Range Planning Committee (Past Member of Council, Past Chair, Section of Antitrust Law, Unilateral Conduct Committee)
  • Toronto Lawyers Association (President 2005-2006)
  • The County and District Law Presidents’ Association Executive Member (2003 – 2007)

Directorships & Affiliations

  • Director of Various Private Corporations
  • Member of the Editorial Board, Federated Press, Competition Law Journal
  • Practical Law Canada Advisory Board Member – Competition Law
  • Chief Justice of Ontario’s Advisory Committee on Professionalism, Member (2004-2007)
  • National Advertising Benevolent Society, Past Board Member and Secretary
  • Rosedale United Church – Past Board Member and Chair of Outreach Committee
  • Toronto Board of Trade, Past Chair, Business Affairs Committee, Past Member, Policy Committee

Education & Admissions

2022
Competent Boards Global Certificate and Designation
1986
Called to the Ontario bar
2013
Institute of Corporate Directors
1984
LLBUniversity of Toronto
1984
BA (Early Modern History & Economics)University of Toronto, Trinity College

Publications

Insights (70 Posts)View More

Featured Insight

Canada’s New Policies on Investments in the Interactive Digital Media Sector

On March 1, 2024, the Canadian government introduced new policies to increase scrutiny of foreign investments in Canada's Interactive Digital Media sector.

Read More
Mar 6, 2024
Featured Insight

2024 Changes to Canada’s Thresholds for Merger Notification and Investment Canada Act Reviews

Providing updates on the 2024 merger thresholds under Canada's Competition Act and Investment Canada Act.

Read More
Feb 28, 2024
Featured Insight

Getting the Deal Through – Merger Control 2024

The 2024 Canadian Chapter of Lexology Getting the Deal Through - Merger Control provides the most current and comprehensive information available on mergers and acquisitions under antitrust and competition law in Canada.

Read More
Jan 18, 2024
Featured Insight

Competition Act Amendments Proceed at Pace

Bill C-56, the Affordable Housing and Groceries Act, part of the federal government’s efforts to overhaul the Competition Act, has received Royal Assent.

Read More
Dec 28, 2023
Featured Insight

Transformative Change: Your Guide to Canada’s Breathtaking Competition Act Changes

We provide a summary of far-reaching Competition Act amendments proposed in 2023.

Read More
Dec 5, 2023
Featured Insight

Competition Act Amendments on a Rocket Docket

Bill C-56 introduces amendments to the Competition Act, which are described as addressing rising grocery prices, but which have much broader implications.

Read More
Sep 26, 2023
Featured Insight

A Shopping Cart of Competition Law Changes

The Government announced amendments to the Competition Act as part of its announcement regarding combatting escalating grocery prices.

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Sep 18, 2023
Featured Insight

Key Developments in Competition & Foreign Investment Law: A Cross-Canada Update from McMillan’s National Team

Join us to explore key developments in Canadian competition and foreign investment law. Topics will include new no-poach / wage-fixing offence, Investment Canada Developments, technology markets, greenwashing, class action developments, upcoming Competition Act amendments and more!

Details
Thursday, October 5, 2023
Featured Insight

Competition Bureau Challenges Alleged Drip Pricing by Cineplex

The Competition Bureau commenced a proceeding against Cineplex for allegedly engaging in misleading advertising in the form of "drip pricing".

Read More
Jun 2, 2023
Featured Insight

Getting the Deal Through – Merger Control 2023

The 2023 Canadian Chapter of Lexology Getting the Deal Through - Merger Control provides the most current and comprehensive information available on mergers and acquisitions under antitrust and competition law in Canada.

Read More
Nov 1, 2022
Featured Insight

Round One of Competition Act Amendments Passed; National Security Review Regime Amended

New amendments to the Competition Act were passed today as part of the budget implementation bill.

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Jun 27, 2022
Featured Insight

Significant Changes Coming to Canada’s Competition Act

The Canadian federal government has introduced a series of significant changes to Canada's Competition Act.

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May 3, 2022
Featured Insight

Merger Notification and Investment Canada Act Thresholds Updates

Updates readers concerning the 2022 Canadian merger filing thresholds under the Competition Act and the Investment Canada Act.

Read More
Feb 7, 2022
Featured Insight

Certification Denied: An Important Win for Competition Class Action Defendants

Certification denied in DRAM class action.

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Nov 10, 2021
Featured Insight

Getting the Deal Through – Merger Control 2022

Regulatory scrutiny of mergers and acquisitions looks set to continue to intensify around the globe, with all signs pointing towards an even more complex and dynamic regulatory landscape for businesses to navigate in 2021 and beyond.

Read More
Nov 2, 2021
Featured Insight

Northern Exposure: Canadian Competition Law/Investment Canada Update

We discuss, and answer questions, respecting developments in Canadian Competition and Foreign Investment Law.

Details
Wednesday, November 24, 2021
Featured Insight

Antitrust Reform: Canada Too!

James Musgrove and Sarah Stirling-Moffet talk Competition law reform in Canada after the Commissioner’s CBA speech - more money, more power!

Read More
Oct 21, 2021
Featured Insight

Strike Two…
The Commissioner Loses Second Injunction To Block Merger

Unlike in some jurisdictions, Canadian merger review has not given rise to significant excitement of late. The recent Secure/Tervita case may have changed that

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Aug 27, 2021
Featured Insight

Competitor Collaboration Guidelines: Competition Bureau Updates Key Guidance

On May 6, 2021, the Competition Bureau released updates to its Competitor Collaboration Guidelines.

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May 10, 2021
Featured Insight

Advertising in the Virtual World

Join members of the Marketing and Advertising Group on Thursday, June 17, 2021 at 12 pm ET as we discuss current trends in marketing and advertising in an increasingly virtual world, and during the ongoing global pandemic.

Details
June 17, 2021 - 12:00 pm to 1:30 pm ET
Featured Insight

Canadian Government Expands National Security Guidance

On March 24, 2021, Canada’s Minister of Innovation, Science and Industry announced that the government updated its National Security Guidelines.

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Mar 25, 2021
Featured Insight

Competition Bureau Grounds FlightHub’s Misleading Advertising

On February 24, 2021, the Competition Bureau concluded its investigation into alleged misleading advertising by FlightHub by way of a consent agreement.

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Mar 3, 2021
Featured Insight

2021 Canadian Merger Notification and Investment Canada Act Review Thresholds Decrease

The 2021 updates to the merger thresholds under Canada's Competition Act and Investment Canada Act have been announced.

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Feb 12, 2021
Featured Insight

Canada Freezes Shandong out of the Arctic

Canada blocked Shandong Gold's acquisition of TMAC Resources following a national security review under the Investment Canada Act.

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Dec 22, 2020
Featured Insight

Getting the Deal Through – Merger Control 2021

Getting the Deal Through - Merger Control 2021

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Nov 9, 2020
Featured Insight

Fireside Discussion with Grant Vingoe, OSC Acting Chair

This discussion will highlight key priorities of the OSC, including an update on burden reduction work underway. Remarks will also focus on the OSC’s response to COVID19 and provide a regulatory roadmap for navigating contested transactions.

Jun 23, 2020
Featured Insight

Need to Collaborate with Competitors to Respond to the COVID Crisis? Competition Bureau is Ready to Provide Guidance

Recognizing the need to provide certainty to the business community during the COVID crisis, the Competition Bureau is ready to provide guidance.

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Apr 13, 2020
Featured Insight

Cartels in a Time of COVID

The current COVID-19 crisis is having a significant impact on businesses all across Canada.

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Apr 6, 2020
Featured Insight

2020 Canadian Merger Notification Threshold Updates

The 2020 updates to the merger thresholds under Canada's Competition Act and Investment Canada Act have been announced.

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Apr 1, 2020
Featured Insight

Opportunities in Challenging Times: The Failing Firm Provision of Canada’s Competition Act

This bulletin analyzes the failing firm merger provision of Canada's Competition Act in anticipation of the negative economic impact of COVID-19.

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Mar 30, 2020
Featured Insight

Under the Influence: The Canadian Competition Bureau’s Stand on Misleading Product Endorsements

The Competition Bureau has sent letters to advertisers and advertising agencies warning them to ensure that their Influencer advertising complies with the law.

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Dec 30, 2019
Featured Insight

Stay Tuned: Ontario Proposes Sweeping Changes to Class Proceedings Act

The Ontario Government is proposing significant changes to the Class Proceedings Act that will address problems faced by parties over the last 30 years.

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Dec 16, 2019
Featured Insight

YVR Makes Safe Landing: Competition Bureau Abuse of Dominance Case against the Vancouver Airport Authority is Dismissed

On October 11, 2019, the Competition Tribunal dismissed the Competition Bureau's abuse of dominance allegations
against Vancouver Airport Authority.

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Nov 12, 2019
Featured Insight

FlightHub Experiences Some Turbulence Courtesy of the Competition Bureau

The Competition Bureau's announcement of its investigation into FlightHub and the registration of a "temporary consent agreement" is analyzed in detail.

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Nov 1, 2019
Featured Insight

Canadian National Security Reviews: 10 Takeaways

Foreign Investment in Canada is subject to review for National Security concerns. Our Brief outlines common issues which investors may wish to consider in planning transactions

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Oct 7, 2019
Featured Insight

The Godfrey Decision: Competition Class Action Certification Made (Even) Easier

Price fixing; umbrella purchasers; aggregate damages.

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Oct 2, 2019
Featured Insight

Getting the Deal Through – Merger Control 2020

2020 Canadian Chapter of Lexology GTDT - Merger Control provides the most current and comprehensive information available on mergers and acquisitions under antitrust and competition law in Canada.

Read More
Sep 1, 2019
Featured Insight

2019 Canadian Merger Notification Threshold Increases

The 2019 increases to the merger thresholds under Canada's Competition Act and Investment Canada Act have been announced.

Read More
Feb 1, 2019
Featured Insight

Getting the Deal Through (Canada Chapter) – Merger Control 2019

The 2019 Canadian Chapter of Getting the Deal Through - Merger Control provides current and comprehensive information on mergers and acquisitions in Canada.

Read More
Nov 29, 2018
Featured Insight

2018 Canadian Merger Notification Threshold Increases

The 2018 increases to the merger thresholds under Canada's Competition Act and Investment Canada Act have been announced.

Read More
Feb 14, 2018
Featured Insight

Proposed Changes to the Competition Bureau’s Immunity Program Will Undermine Effective Cartel Enforcement in Canada – Comments of McMillan LLP on the Consultation Draft dated October 26, 2017

Several proposed revisions to Immunity Program under the Competition Act will have unintended but serious consequence of decreasing applications for immunity

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Jan 1, 2018
Featured Insight

The Investment Canada Act 2016-17 Annual Report: What’s New?

The Investment Canada Act 2016-17 Annual Report: What's New?

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Sep 14, 2017
Featured Insight

Investment Canada Act Threshold Increases to $1 Billion (Cdn)

Investment Canada Act Threshold Increases to $1 Billion (Cdn)

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Jun 22, 2017
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Investment Canada Act Threshold Increase – $1 Billion (Cdn)

Investment Canada Act Threshold Increase - $1 Billion (Cdn)

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Apr 12, 2017
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Can They Keep a Secret? Competition Bureau Issues Draft Bulletin on Information Requests from Third Parties

Can They Keep a Secret? Competition Bureau Issues Draft Bulletin on Information Requests from Third Parties

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Mar 14, 2017
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2017 Canadian Merger Notification Threshold Increases

2017 Canadian Merger Notification Threshold Increases

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Mar 3, 2017
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Back to Basics: Acting Chairman Maureen K. Ohlhausen presents near-term FTC reforms

Back to Basics: Acting Chairman Maureen K. Ohlhausen presents near-term FTC reforms

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Feb 9, 2017
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Government of Canada Provides Valuable Guidance on National Security Review of Foreign Investment in Canada

Government of Canada Provides Valuable Guidance on National Security Review of Foreign Investment in Canada

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Jan 3, 2017
Featured Insight

Getting the Deal Through – Merger Control 2018 (Canada Chapter)

Getting the Deal Through – Merger Control 2018 (Canada Chapter)

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Jan 1, 2017
Featured Insight

Competition Bureau Issues Consent Agreement Template

Competition Bureau Issues Consent Agreement Template

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Sep 29, 2016
Featured Insight

Venture Issuers are Reminded to Consider Recent Regulatory Developments

Venture Issuers are Reminded to Consider Recent Regulatory Developments

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May 16, 2016
Featured Insight

Public Interest Privilege: What Secrets Can the Competition Bureau Keep?

Public Interest Privilege: What Secrets Can the Competition Bureau Keep?

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Feb 5, 2016
Featured Insight

2016 Canadian Merger Notification Threshold Increases

2016 Canadian Merger Notification Threshold Increases

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Feb 5, 2016
Featured Insight

Deal Me Out: Clarifying the Test for Leave in Competition Act Refusal to Deal Cases

Deal Me Out: Clarifying the Test for Leave in Competition Act Refusal to Deal Cases

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Jan 28, 2016
Featured Insight

Getting the Deal Through – Merger Control 2016, Canada Chapter

Getting the Deal Through - Merger Control 2016, Canada Chapter

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Jan 1, 2016
Featured Insight

Astroturfing: What’s Real Online

Astroturfing: What's Real Online

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Oct 22, 2015
Featured Insight

Competition Bureau’s Draft Intellectual Property Enforcement Guidelines Provide Welcome Clarity on Bureau Treatment of Intellectual Property

Competition Bureau's Draft Intellectual Property Enforcement Guidelines Provide Welcome Clarity on Bureau Treatment of Intellectual Property

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Jul 2, 2015
Featured Insight

Commissioner of Competition Introduces Revised Compliance Programs Bulletin at McMillan Event

Commissioner of Competition Introduces Revised Compliance Programs Bulletin at McMillan Event

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Jun 3, 2015
Featured Insight

Changes to Investment Canada Act Thresholds, Filing Requirements, and National Security Review Thresholds

Changes to Investment Canada Act Thresholds, Filing Requirements, and National Security Review Thresholds

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May 15, 2015
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Stop the Presses: Post-Sun Merger Approved

Stop the Presses: Post-Sun Merger Approved

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Apr 2, 2015
Featured Insight

Canadian Merger Notification Thresholds Increased

Canadian Merger Notification Thresholds Increased

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Feb 3, 2015
Featured Insight

Tervita Corp v Canada – The Supreme Court of Canada’s First Merger Decision in 17 Years: An Efficient Outcome

Tervita Corp v Canada – The Supreme Court of Canada's First Merger Decision in 17 Years: An Efficient Outcome

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Jan 31, 2015
Featured Insight

Canadian Cartel News Volume 6 What Fresh Hell is This? The Canadian Cartel Class Action System

Canadian Cartel News Volume 6 What Fresh Hell is This? The Canadian Cartel Class Action System

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Jan 18, 2015
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Canadian Cartel News Volume 5
One Place Where Possession is not Nine Tenths of the Law

Canadian Cartel News Volume 5
One Place Where Possession is not Nine Tenths of the Law

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Jan 17, 2015
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No More Misleading Advertising Class Actions?

No More Misleading Advertising Class Actions?

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Jan 6, 2015
Featured Insight

Canadian Competition Law Compliance: The Bureau Shows Us the Money

Canadian Competition Law Compliance: The Bureau Shows Us the Money

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Sep 29, 2014
Featured Insight

Use It Or…… Else: Patent Non-Use as Abuse of Dominant Market Position

Use It Or...... Else: Patent Non-Use as Abuse of Dominant Market Position

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May 13, 2014
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Canada makes changes to Investment Canada regime

Canada makes changes to Investment Canada regime

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Dec 11, 2012
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New abuse of dominance enforcement guidelines

New abuse of dominance enforcement guidelines

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Sep 25, 2012
Featured Insight

Trade Associations and the Competition Act

Trade Associations and the Competition Act

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Jan 7, 2009

Deals & Cases (6 Posts)

Featured Insight

Avcorp Industries Completes Plan of Arrangement with Latécoère S.A.

On November 7, 2022, Avcorp Industries Inc. (TSX:AVP) (“Avcorp”) closed its CAD$139 million acquisition by Latécoère S.A. (“Latécoère”). The acquisition was affected by way of a court-approved plan of arrangement under the Canada Business Corporations Act, pursuant to which Latécoère acquired all the issued and outstanding common shares of Avcorp for considerations of $0.11 in cash per share.

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Nov 7, 2022
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Most Extensive Class Action Settlement Approval Contest in Canadian Class Action History

Mastercard retained McMillan for representation before the Canadian Competition Tribunal in connection with its “Honour All Cards” and “No Surcharge” rules. Mastercard and Visa were also sued in numerous class action lawsuits in Québec, Ontario, Saskatchewan, Alberta and British Columbia relating to the Mastercard and Visa interchange fees and rules.

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Dec 1, 2021
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Rogers Acquires Mountain Cablevision from Shaw

On May 1, 2013, Rogers Communications Inc. ("Rogers") completed its previously announced acquisition

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May 1, 2013
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ShawCor Completes Acquisition of Fineglade

On October 24, 2012 ShawCor Ltd. completed the acquisition of the remaining 60% of Fineglade Limited

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Oct 24, 2012
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AXA SA and Intact Financial Corporation complete the purchase and sale of AXA Canada Inc.

AXA SA and Intact Financial Corporation complete the purchase and sale of AXA Canada Inc.

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Sep 23, 2011
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Primero Mining Corp. Announces a $1.2 Billion Merger Agreement With Northgate Minerals Corp.

Primero Mining Corp. Announces a $1.2 Billion Merger Agreement With Northgate Minerals Corp.

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Jul 14, 2011