


Competition, Antitrust & Foreign Investment
COMPETITION & ANTITRUST LAW
Companies operating in today’s global economy face a highly complicated world. All major governments have enacted competition laws—and regulators are aggressively enforcing them with penalties that can have a material impact on a company’s performance.
These laws and enforcement regimes, as well as increasingly elaborate and concentrated business structures, create a highly complex legal environment. Trade and investment agreements between nations can complicate matters even further, creating not only ambiguity, but also the potential for inadvertent breaches of the law.
McMillan’s experienced and highly ranked Competition and Antitrust Group helps clients in virtually every industry to navigate this maze of regulations. Our lawyers are highly rated by Canadian (Lexpert, Best Lawyers in Canada) and International (Chambers, Who’s Who Legal, Global Competition Review 100, Expert Guides (Euromoney) observers. “The antirust group is led by very thoughtful people who are efficient and have very substantial credibility with the Canadian Competition Bureau. Their advice to clients is clear and concise” – 2023 Chambers Canada Research. We are very active in national and international organizations, including the Canadian Bar Association (CBA), the American Bar Association (ABA), the International Bar Association (IBA), and the International Competition Network (ICN).
COMPETITION & POLICY ADVOCACY
While companies must ensure that they operate in compliance with applicable competition laws, they may also advocate for changes to improve the law and policy framework. McMillan’s Competition Group leverages our deep understanding of competition law and our hands-on experience with many regulatory regimes when competition law or enforcement policy changes are being considered, creating a more positive environment for our clients.
Our name is synonymous with best practices in public policy advocacy to influence competition law. McMillan founded the Competition Policy Group, a multi-industry group that actively participates in the major Competition Act reform processes and stakeholder consultations conducted in Canada by the Competition Bureau. Internationally, McMillan co-founded and led the Merger Streamlining Group, a group of multinational competition law firms advocating for more effective and efficient merger review regimes. The Group’s submissions have contributed to positive public policy changes to competition law in several jurisdictions in addition to Canada, including Brazil, Bulgaria, China, Germany, India, Korea and Japan.
CARTELS
Canada boasts some of the world’s toughest anti-cartel laws, which prohibit companies in the same industry from agreeing to keep prices artificially high to limit competition. As one of Canada’s most highly regarded antitrust and cartel competition law firms, McMillan is home to experienced antitrust lawyers, who have litigated some of the most significant cartels in recent Canadian history.
McMillan’s competition lawyers assist companies facing potential cartel-related prosecution. From a preventative standpoint, we help clients remain in compliance with the law. If a client is the subject of an investigation or prosecution, we help assess all options including seeking immunity or leniency under the relevant Competition Bureau programs, or defending against criminal and/or civil proceedings. In addition to criminal proceedings, companies may also be susceptible to class action proceedings brought by consumers. Both criminal and civil cases often have a cross-border component and are enforced by multiple competition authorities working together. Whatever path is chosen, our goal is to protect the interests of our clients.
FOREIGN INVESTMENT REVIEW
Canadian companies in a variety of industries are attractive prospects for international investors. Like most countries, Canada applies a measure of control over investments made in domestic industries by foreign entities under the Investment Canada Act, The Act ensures direct foreign investment does not unduly impact the competitive environment in any given industry.
International companies seeking to invest in Canadian enterprises, along with the targets of these acquisitions, require legal counsel with significant expertise with the process. McMillan’s Competition and Antitrust Group has deep experience navigating the rules, regulations and processes that govern such transactions. We work with foreign companies in a wide range of industries as they seek to acquire Canadian entities, and with Canadian companies that are the subjects of potential acquisitions by foreign investors.
As recognized experts in foreign investment law, McMillan excels at helping national and global businesses by advising on the application of the Investment Canada Act; providing guidance through the regulatory review process; negotiating appropriate undertakings to achieve approval; obtaining ministerial opinions regarding non-reviewability; and providing counsel to governmental agencies and regulators.
INTERNATIONAL ECONOMIC & TRADE SANCTIONS
International economic and trade sanctions are directed against individuals, companies and countries that engage in money laundering, military activity, terrorism, the development and proliferation of weapons of mass destruction, human rights abuses and other corruption. Economic sanctions and international law restrictions can take the form of limitations on trade or other economic activity, as well as the seizure or freezing of property. There are also extensive anti-money laundering laws that attempt to restrict cross-border flows of the profits from criminal activities.
McMillan’s international trade lawyers assist companies navigate the restrictions posed by international economic and trade sanctions by creating and implementing processes and governance models to ensure compliance with Canadian and other economic and trade sanctions as well as money laundering laws; assisting companies in obtaining government permits and rulings to authorize otherwise prohibited transactions; advising importers and exporters on making voluntary disclosures to avoid Administrative Monetary Penalties, detainments, seizures or ascertained forfeitures of goods and related criminal charges; providing representation in proceedings and appeals before governmental bodies, tribunals and courts; and preparing and submiting notifications of communications to the Attorney General of Canada under FEMA.
Primary Contacts
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Downloads
What’s It All about, Matthew? - Some Thoughts on the Future of Competition Policy in Canada
Our paper, “What’s It All About, Matthew?” was officially submitted to the government of Canada in response to Industry, Science, and Economic Development Canada’s consultation process “The Future of Competition Policy in Canada” on January 27, 2023. Download FileInsights (177 Posts)
The Bureau Issues Final Enforcement Guidance on the New Criminal Prohibition on Wage-Fixing and No-Poaching Agreements
Providing insights on the Competition Bureau’s 2023 Guidelines describing the Bureau’s approach to wage-fixing and no-poaching agreements.
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Jun 5, 2023
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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".
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Jun 2, 2023
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AI Regulatory Roundup – International Developments in AI Law and Policy
An overview of recent Canadian and international developments related to the regulation of artificial intelligence technologies.
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May 2, 2023
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Trends and Developments in Cryptocurrency: What the Experts are Seeing in the Tracing, Seizing and Safeguarding of Digital Assets, and Why So Much Value is Being Lost
Together with Lowenstein Sandler, join McMillan for a series of engaging panels with industry leaders who will share valuable insights into the newest crypto trends and developments, with a particular emphasis on the below areas of risk.
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Tuesday, April 25, 2023
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Change is in the Air: Government of Canada proposing changes to Air Passenger Protection Regulations
The Canadian federal government announced its intention to make significant reforms to strengthen the Air Passenger Protection Regulations (“APPR”).
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Mar 29, 2023
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Settlement Counsel – valuable addition to the dispute-resolution toolkit
Settlement Counsel is litigation counsel engaged for the sole purpose of resolving a dispute or settling a case.
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Mar 28, 2023
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Canada Will Introduce A Foreign Influence Transparency Registry – Government of Canada Opens Consultations on the Registry Thru May 9, 2023
Public Safety Canada, the federal department responsible for national security announced consultations on a foreign influence transparency registry.
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Mar 10, 2023
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Sunny Days Ahead – The WestJet-Sunwing Merger is Cleared for Takeoff
On March 10, 2023, the Government of Canada approved WestJet's merger with Sunwing pursuant to the Canada Transportation Act.
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Mar 10, 2023
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Getting the Deal Through – Cartel Regulations 2023
The 23rd edition of Lexology GTDT’s Cartel Regulation provides comprehensive information about cartel laws and enforcement around the world.
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Feb 15, 2023
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2023 Merger Notification and Investment Canada Act Thresholds Updates
Providing updates on the 2023 merger thresholds under Canada's Competition Act and Investment Canada Act.
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Feb 6, 2023
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Quebec Superior Court Orders That Corporations Must Provide Information to Police – Even Where Data Stored Abroad
The Quebec Superior Court rules the American companies may have to produce documents stored abroad to aid in Canadian criminal investigations.
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Jan 24, 2023
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A Foreign Affair at Home Not Abroad – Canada to Consult on the Merits of a Foreign Agent Registry
Canada announces that consultations on a possible "foreign agent registry" will begin soon. What is that and how is it different from a lobbying law?
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Jan 9, 2023
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Sanctions Pivot: Canada Seeks Forfeiture of Russian-Owned Assets to Fund Reconstruction of Ukraine and Adds Oil Price-Cap Restrictions
Canada, in a first for G7 states, seeks seizure & forfeiture of sanctioned oligarch's assets for use in compensation & reconstruction of Ukraine.
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Dec 22, 2022
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Modernization of the Investment Canada Act is Underway
The Canadian federal government introduced Bill C-34, An Act to Amend the Investment Canada Act, to modernize Canada’s national security regime.
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Dec 12, 2022
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Canada Embraces the Indo-Pacific: New Canadian Strategy Expands Opportunities for Two-way Trade and Investment
Canada announces new Indo-Pacific Strategy, applies to join Indo-Pacific Economic Framework, and what it all means for Canadian businesses.
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Nov 30, 2022
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Gates are Open for Consultation on Round Two of Competition Act Amendments
The Canadian government is consulting on proposed amendments to the Competition Act.
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Nov 21, 2022
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A Call to Address Canada’s Transportation Supply Chain Crisis: Final Report – Part III
The Canada Transportation Act contains a few shipper remedies, which are partially or wholly ineffective, but which remain unaddressed.
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Nov 16, 2022
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Squeaky “Clean”: Competition Bureau Combats Greenwashing
Competition law developments aimed at addressing "greenwashing" (misleading environmental claims), including increased scrutiny by the Bureau.
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Nov 10, 2022
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Foreign Investment in Canada: Minerals are Critical and Annual Report Released
The government’s approach to reviewing foreign investment is evolving, with an increased focus on national security concerns.
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Nov 7, 2022
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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.
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Nov 7, 2022
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A Call to Address Canada’s Transportation Supply Chain Crisis: Final Report – Part II
Modernizing the Rail Transportation System in the National Public Interest
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Oct 25, 2022
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Green or Grey: Regulators Target Greenwashing, Misleading Environmental, Social and Governance (ESG) Claims
An overview of risks and best practices for companies in relation to environmental, social and governance (“ESG”) claims and disclosure.
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Oct 19, 2022
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A Call to Address Canada’s Transportation Supply Chain Crisis: Final Report
The National Supply Chain Task Force underscores what rail shippers are facing: the Canadian transportation network is under stress.
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Oct 18, 2022
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Skating on Thin Ice: Federal Court of Appeal Dismisses Hockey Conspiracy Case, While Adding Uncertainty to Motions to Strike
Federal Court of Appeal confirms an important limitation on the scope of the conspiracy offence, but raises uncertainty about the standard on motions to strike.
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Oct 5, 2022
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Services, Sensitive Technologies, Luxury Goods, Gold, and Disinformation Sanctions – Plus a Forfeiture Regime: Canada’s Latest Responses to the Russian Invasion of Ukraine
Canada has targeted Russia and Belarus with a series of further economic sanctions with asset seizure.
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Jul 13, 2022
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Certified Today, Dismissed Tomorrow: Ontario Court Dismisses Automotive Class Action after Successful Certification
An Ontario court has dismissed a proposed class action against an automobile manufacturer on the merits for alleged false claims after certification.
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Jun 29, 2022
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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
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Flair’s Canadian Status Confirmed in Important Ruling
The article analyses the Canadian Transportation Agency decision in Flair and its implications for the airline industry and the regulatory regimes in Canada.
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Jun 16, 2022
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Competition Act Amendments Introduce New Criminal Offence Against Wage-Fixing and No-Poach Agreements
New proposed amendments to the Competition Act will criminalize agreements between employers regarding wages, working conditions and hiring practices.
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May 3, 2022
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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
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Competition Inspections in 21 Jurisdictions
The third volume of the Competition Inspections in 21 Jurisdictions brings together distinguished practitioners from around the world to provide an in-depth analysis of the legal and practical aspects of competition inspections.
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Apr 21, 2022
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Canada Issues Policy Statement on Investments Linked to Russia under the Investment Canada Act
Investments by Russian investors will be subject to enhanced scrutiny and prolonged timelines.
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Mar 9, 2022
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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.
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Feb 7, 2022
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Getting the Deal Through – Cartel Regulations 2022
Lexology Getting the Deal Through – Cartel Regulations 2022 provides a detailed explanation of how cartel regimes work in practice, including recent developments over the past year and an overview of future changes expected in each jurisdiction.
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Jan 26, 2022
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Mandatory COVID-19 Vaccination Policy Upheld
An Ontario arbitrator upheld an employer's vaccine mandate for both a site where a 3rd party obligation existed and a related site with no such obligation.
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Jan 12, 2022
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Ontario Arbitrators Continue to Uphold Terminations of Employees who Breach COVID-19 Safety Protocols
A recent decision by an Ontario arbitrator further affirmed the notion that dishonesty during COVID screening protocols by an employee can lead to termination.
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Jan 12, 2022
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Wind-up and Hang-up: China Mobile’s Motion to stay an ICA Order Pending Judicial Review Dismissed
Analyzing updates from an Investment Canada Act national security review case to provide key insights to investors into Canada.
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Jan 10, 2022
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Mandatory Vaccination Policy: “Reasonable, Enforceable”
A labour arbitrator upheld an employer’s mandatory vaccination policy, finding the policy to be reasonable and enforceable.
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Nov 11, 2021
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Certification Denied: An Important Win for Competition Class Action Defendants
Certification denied in DRAM class action.
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Nov 10, 2021
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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.
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Nov 2, 2021
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Northern Exposure: Canadian Competition Law/Investment Canada Update
We discuss, and answer questions, respecting developments in Canadian Competition and Foreign Investment Law.
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Wednesday, November 24, 2021
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China Mobile Case Raises National Security Hang-up
China Mobile is challenging the Canadian government's order to divest its Canadian operations. The case raises important cross-border investment issues.
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Oct 25, 2021
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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!
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Oct 21, 2021
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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
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Changes on the Menu: Canadian Food Inspection Agency Publishes Consultation Report on Proposed Guidelines for Simulated Meat and Poultry Products
This Bulletin discusses feedback on the CFIA’s proposed new guidelines for plant-based meat and poultry, what could be changing and what the CFIA is doing next.
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Jul 20, 2021
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Québec Class action – What’s new? Examination of the defendant at the authorization stage
EIn class actions, the right to examine an affiant is the subject of conflicting case law.
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Jun 14, 2021
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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
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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
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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
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Getting the Deal Through – Cartel Regulations 2021
As the world grapples with the unprecedented health and economic challenges arising from the corona virus pandemic, competition law enforcement agencies will have further challenges in deploying scarce resources.
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Feb 22, 2021
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Canada’s Transport Minister Approves Air Transat’s Take-Over by Air Canada
In a long-awaited decision, Canada’s newly appointed Transport Minister approved Air Canada’s acquisition of rival Transat on public interest grounds
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Feb 22, 2021
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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
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Emerging Competition & Data Privacy Issues for Real Estate Organizations
Changes to Canada’s privacy laws, developments with low-commission brokerages and changes to short-term rental regulations will impact real estate associations.
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Feb 2, 2021
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In the Bag: Court Certifies Class Action for Westjet Baggage Fees
In the Bag: Court Certifies Class Action for Westjet Baggage Fees
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Jan 29, 2021
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Competition Law Recap: Key Takeaways from 2020 (January 27, 2021)
2020 has been an interesting and challenging year as economies grapple with the COVID-19 pandemic.
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January 27, 2021 - 1:00 pm to 2:15 pm ET
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Deferred Prosecution Agreements: The Continued Use of DPAs in the Antitrust Sphere in the United States
In this bulletin, we discuss the deferred prosecution agreement recently entered into by Argos USA LLC with the United States Department of Justice.
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Jan 19, 2021
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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
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Do Not Go Directly to Jail – Just Yet Anyway: Competition Bureau Confirms its View that Buy-Side Agreements between Competitors are not Criminally Unlawful
On November 27, 2020, the Competition Bureau clarified its view that the criminal cartel provisions of the Competition Act do not apply to buy-side agreements.
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Nov 30, 2020
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Another Leap Forward for Canadian Privacy Laws
The Digital Charter Implementation Act, 2020 received its first reading in the House of Commons. If passed, the Act will radically change Canadian Privacy Law.
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Nov 19, 2020
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Oil and Gas Sector Consolidation Invites Competition Bureau Reviews
With the recent surge in M&A activity in the oil and gas sector, the Competition Bureau may call on industry participants to investigate some of these deals.
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Nov 17, 2020
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Getting the Deal Through – Merger Control 2021
Getting the Deal Through - Merger Control 2021
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Nov 9, 2020
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Canada’s New Cybersecurity Certification Goes Live
The federal government has launched a voluntary CyberSecure program to help small and medium-sized organizations protect against cybersecurity threats
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Oct 13, 2020
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Mandatory Indoor Face Coverings: What Ontario Employers Need to Know
Mandatory Indoor Face Coverings: What Ontario Employers Need to Know
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Oct 6, 2020
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Material Changes to Ontario’sClass Proceedings Act – What You Need to Know
Material changes to the Ontario Class Proceedings Act in force October 1, 2020.
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Oct 2, 2020
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Canada Enters into Cooperation Framework with the Competition Enforcement Agencies of the “Five Eyes” Countries
The new cooperation framework will enhance the Canadian Competition Bureau's ability to cooperate with foreign competition agencies.
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Sep 28, 2020
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Canada Orders Temporary Extension of National Security Review Periods Under the Investment Canada Act
In response to COVID-19, Canada has temporarily extended three key time periods for national security reviews under the Investment Canada Act.
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Aug 12, 2020
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Competition Bureau Invites Comments to Revisions to the Competitor Collaboration Guidelines
The Competition Bureau recently released a draft revision of the Competition Collaboration Guidelines and is
inviting comments in a public consultation.
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Aug 5, 2020
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Cooperating Witnesses not Confidential Informers – Competition Bureau Updates Immunity and Leniency Programs under the Competition Act
The Immunity and Leniency Programs under the Competition Act[1] are powerful tools employed by the Competition Bureau and the Public Prosecution Service of Canada (“PPSC”) in the detection and prevention of criminal anti-competitive behaviour.
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Jul 20, 2020
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Deferred Prosecution Agreements: A Lack of Trust in Antitrust DPAs?
This bulletin describes the benefits and growing acceptance of deferred prosecution agreements in relation to American antitrust offences.
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Jun 11, 2020
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Privacy Penalties – Canadian Competition Bureau Wades Into Privacy Enforcement
Organizations operating in Canada are advised to immediately review their privacy-related policies and marketing to avoid false or misleading representations
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May 26, 2020
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CN Rail Acquires H&R Transport – Competition Analysis
The Competition Bureau's review of the CN/H&R highlights its attention to non-notifiable deals, its use of oral examinations and the efficiencies defence.
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May 1, 2020
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Heightened Scrutiny of Foreign Investment in the Time of COVID
In its April 18, 2020 COVID-19 policy statement, the government of Canada dramatically expanded the breadth and depth of its review of foreign investments.
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Apr 21, 2020
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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
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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
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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
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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
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COVID-19: Alberta Government Announces List of Essential Services
Alberta's Government has published lists of essential services and non-essential places of business not permitted to
offer or provide services to the public.
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Mar 29, 2020
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Unbearable Lite-ness: Lenders’ Remedies in the Age of Missing Covenants
The author discusses the recent trend toward borrower-friendly loan documents and the remedies available to lenders in Canada.
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Mar 23, 2020
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Coronavirus: Harbinger of a New (Old) Approach to Restructuring in Canada?
Restructuring options and challenges in the time of COVID-19.
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Mar 20, 2020
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Getting the Deal Through – Cartel Regulation 2020
Cartel activity is the top enforcement priority for virtually every competition agency. Leniency programs continue to evolve and coordination between agencies on international cases is increasing.
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Feb 3, 2020
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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
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Competition Law Recap: Key Takeaways from 2019
Join Competition lawyers Janine MacNeil and Mark Opashinov for everything you need to know about the year's developments in mergers, refusals to deal, price maintenance, abuse of dominant market position, cartel enforcement, misleading and deceptive advertising.
Dec 17, 2019
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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
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Antitrust Merger Control in Canada: Tips for Private Equity Investors
This article provides thought-provoking and practical advice to Private Equity investors for minimizing antitrust risks to proposed transactions in Canada.
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Nov 21, 2019
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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
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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
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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
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The Godfrey Decision: Competition Class Action Certification Made (Even) Easier
Price fixing; umbrella purchasers; aggregate damages.
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Oct 2, 2019
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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.
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Sep 1, 2019
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Deferred Prosecution Agreements and the “National Economic Interest”
Deferred prosecution agreements (“DPA”) have been a hot topic lately, owing largely to the attention that the agreements have received in relation to the SNC-Lavalin prosecution.
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Jun 26, 2019
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TOP TWELVE THINGS TO KNOW – New Canadian Trademarks Act June 17, 2019
On June 17, 2019 major changes to Canada’s Trademarks Act will come into force.
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Jun 4, 2019
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Proposed Digital Charter Could Bring Sweeping Changes to Canadian Privacy Laws
On May 21, 2019, the Canadian federal government released a proposed Digital Charter
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May 23, 2019
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New Ad Standards Advertising Dispute Procedure
Advertising Standards Canada, an industry body commonly known as Ad Standards, has, for many decades, run both consumer complaint and competitor dispute processes with respect to advertising that may run afoul of its Canadian Code of Advertising Conduct.
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May 20, 2019
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No “Piggybacking” to Avoid B2B Arbitration: Supreme Court of Canada Affirms Enforceability of Arbitration Clauses despite Related Class Action
In its recent 5-4 decision, the Supreme Court of Canada ruled that courts must enforce valid arbitration agreements between businesses.
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Apr 9, 2019
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Getting the Deal Through (Canada Chapter) – Cartel Regulation 2019
This 19th edition of Cartel Regulation provides the most current and comprehensive information available about anti-cartel laws and enforcement around the world.
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Mar 1, 2019
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Amendments to the Canada Shipping Act, 2001 and Marine Liability Act
On December 13, 2018, Bill C-86, A second Act to implement certain provisions of the budget tabled in Parliament on February 27, 2018 and other measures, otherwise known as the Budget Implementation Act was given royal assent.
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Feb 13, 2019
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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.
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Feb 1, 2019
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Competition Law Recap: Key Takeaways from 2018
Competition Law Recap: Key Takeaways from 2018
Dec 6, 2018
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The Court of Appeal puts an End to ‘Jail on the Couch’ Sentences for Bid-rigging
Bid rigging and fraud in order to obtain public contracts will result in mandatory prison sentences when the contract is of high value.
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Nov 30, 2018
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What’s in a name – the USMCA is the new NAFTA
On the surface, NAFTA was set aside, replaced by the United States-Mexico-Canada Agreement (USMCA). Look more deeply, and there's evidence that much of the substance of NAFTA remains.
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Oct 4, 2018
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Head of the Class: Changes to BC’s Class Proceedings Act
British Columbia's Class Proceeding Act is changing effective October 1, 2018. These amendments are expected to have major impacts on class proceedings in BC
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Sep 26, 2018
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Deferred Prosecution Agreements – A New Canadian Regime
With the growing sophistication and globalization of corporations, countries are increasingly looking for new methods to combat and prosecute corporate crime.
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Jul 4, 2018
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Canada’s Use of its National Security Power
The Government of Canada's decision to reject the proposed acquisition of Aecon, a major Canadian construction services firm, by China Communications
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Jun 1, 2018
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A Roundtable with the Commissioner – Thoughts on effective engagement with the Competition Bureau
Join Commissioner of Competition John Pecman and senior officials from the Competition Bureau for an "insider" discussion of the most effective ways to make your case to the Competition Bureau.
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May 3, 2018 - 4:15 PM to 6:00 PM
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Canada Announces the Creation of the Remediation Agreement Regime and Improvements to the Integrity Regime to Tackle Corporate Crime
Canada Announces the Creation of the Remediation Agreement Regime and Improvements to the Integrity Regime to Tackle Corporate Crime
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Mar 29, 2018
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Getting the Deal Through (Canada Chapter) – Cartel Regulation 2018
Anti-Cartel laws are pillars of competition regime with unilateral conduct provisions and merger control. The 2018 Cartel Regulation provides information about anti-cartel laws and enforcement
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Mar 1, 2018
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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.
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Feb 14, 2018
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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
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Getting the Deal Through (Canada Chapter) – Merger Control 2018
The pathway to successfully navigating the merger and antitrust challenges for Canadian and international transactions has changed considerably within the past decade
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Jan 1, 2018
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CSA Provides Guidance to Registrants on Cyber Security and Social Media
CSA Provides Guidance to Registrants on Cyber Security and Social Media
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Nov 1, 2017
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Government of Canada Announces Public Consultation regarding Deferred Prosecution Agreements (DPAs)
Government of Canada Announces Public Consultation regarding Deferred Prosecution Agreements (DPAs)
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Oct 13, 2017
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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
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Supreme Court Justices Drop the Gloves Over Tariff Classification
Supreme Court Justices Drop the Gloves Over Tariff Classification
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Sep 13, 2017
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CETA is Provisionally Implemented — the C$1.5 Billion Threshold Arrives
CETA is Provisionally Implemented — the C$1.5 Billion Threshold Arrives
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Sep 1, 2017
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Rigging the Bid: Finding Fraud in a Regulated Setting
Rigging the Bid: Finding Fraud in a Regulated Setting
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Jun 30, 2017
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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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Bill C-49: Is the Line Haul Interswitching Remedy Really New?
Regulators Rethink "Best Interest" Standard for Registrants
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May 30, 2017
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Bill C-49: Government of Canada Proposes to Amend the Canada Transportation Act
Bill C-49: Government of Canada Proposes to Amend the Canada Transportation Act
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May 16, 2017
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FCPA Declination Letters and Corporate Criminal Liability: What Can Be Learned From the U.S. Approach
FCPA Declination Letters and Corporate Criminal Liability: What Can Be Learned From the U.S. Approach
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Apr 28, 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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Global Competition Review, GCR Live 2nd Annual Cartels
Global Competition Review, GCR Live 2nd Annual Cartels.
Details
March 28, 2017 - 8:15 am to 6:00 pm
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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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NAFTA – the sky is not falling – those are just thunder clouds
NAFTA – the sky is not falling – those are just thunder clouds
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Mar 6, 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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Getting the Deal Through – Cartel Regulation 2017
Getting the Deal Through – Cartel Regulation 2017
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Feb 1, 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
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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
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Canada Finalizes Changes to Nutrition Labelling Requirements for Packaged Foods
Canada Finalizes Changes to Nutrition Labelling Requirements for Packaged Foods
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Dec 30, 2016
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What’s the CFL made of? Not Pizza Pizza: Grey Cup Ticket promotion goes awry
What's the CFL made of? Not Pizza Pizza: Grey Cup Ticket promotion goes awry
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Dec 5, 2016
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Impacts of the Supreme Court’s Decision in R v Anthony-Cook on the Certainty of Plea Agreements and Jointly Proposed Sentencing
Impacts of the Supreme Court's Decision in R v Anthony-Cook on the Certainty of Plea Agreements and Jointly Proposed Sentencing
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Nov 14, 2016
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Government Announces Changes in Foreign Ownership Rules for Canadian Airlines – ‘Change in Fact’?
Government Announces Changes in Foreign Ownership Rules for Canadian Airlines – 'Change in Fact'?
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Nov 7, 2016
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Competition Bureau Issues Consent Agreement Template
Competition Bureau Issues Consent Agreement Template
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Sep 29, 2016
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Competition Bureau to Study Financial Technology Market Impact
Competition Bureau to Study Financial Technology Market Impact
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Jun 1, 2016
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In this Great Future, You Can’t Forget Your Past – Update to the Government of Canada’s Integrity Regime Provides Clarity, Includes General Anti-Avoidance Provisions
In this Great Future, You Cant Forget Your Past – Update to the Government of Canadas Integrity Regime Provides Clarity, Includes General Anti-Avoidance Provisions
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Apr 6, 2016
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Final Report: Canada Transportation Act Review – Part II (Rail Freight Traffic)
Final Report: Canada Transportation Act Review – Part II (Rail Freight Traffic)
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Apr 6, 2016
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Procurement complaints against the government: more than just bid challenges
Procurement complaints against the government: more than just bid challenges
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Feb 11, 2016
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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
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2016 Canadian Merger Notification Threshold Increases
2016 Canadian Merger Notification Threshold Increases
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Feb 5, 2016
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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
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Fraud in Regulated Settings: Detrimental Reliance by the Victim not always Required
Fraud in Regulated Settings: Detrimental Reliance by the Victim not always Required
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Jan 21, 2016
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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
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Getting the Deal Through – Banking Regulation 2015, Canada chapter
Getting the Deal Through - Banking Regulation 2015, Canada chapter
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Dec 23, 2015
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Canada Border Services Agency (“CBSA”) Revises its Policy on Canadian Customs Voluntary Disclosures
Canada Border Services Agency ("CBSA") Revises its Policy on Canadian Customs Voluntary Disclosures
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Oct 2, 2015
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For Better or Worse? Canada Updates Procurement Integrity Regime
Canadas Updated Procurement Integrity Regime: Equal Parts Déjà Vu and New
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Aug 4, 2015
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Top 10 Tips for Introducing and Maintaining Effective Competition Law Compliance Programs
Top 10 Tips for Introducing and Maintaining Effective Competition Law Compliance Programs
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Jul 15, 2015
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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
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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
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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
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The Canadian Approach to Corporate Criminal Liability for Antitrust Offenses
The Canadian Approach to Corporate Criminal Liability for Antitrust Offenses
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Mar 31, 2015
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UPDATED: Canada Expands Economic Sanctions and Targets Russian Energy Sector
UPDATED: Canada Expands Economic Sanctions and Targets Russian Energy Sector
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Feb 21, 2015
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The Supreme Court Finds that Certain Search and Production Provisions of Anti-Money Laundering and Anti-Terrorist Legislation are Inapplicable to Legal Counsel
The Supreme Court Finds that Certain Search and Production Provisions of Anti-Money Laundering and Anti-Terrorist Legislation are Inapplicable to Legal Counsel
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Feb 17, 2015
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Canadian Merger Notification Thresholds Increased
Canadian Merger Notification Thresholds Increased
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Feb 3, 2015
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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
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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
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Staying Out of the Crosshairs – Keeping On Top of Russia Related Economic Sanctions
Staying Out of the Crosshairs – Keeping On Top of Russia Related Economic Sanctions
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Nov 21, 2014
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Reading Between The Lines: Kobo’s Challenge to the E-Books Consent Agreement
Reading Between The Lines: Kobos Challenge to the E-Books Consent Agreement
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Oct 20, 2014
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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
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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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Federal Government Tightens Procurement Integrity Provisions
Federal Government Tightens Procurement Integrity Provisions
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Mar 19, 2014
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Corporate directors beware – Canada passes tough amendments to anti-corruption legislation
Corporate directors beware - Canada passes tough amendments to anti-corruption legislation
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Jul 2, 2013
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Changes to Investment Canada Act implemented
Changes to Investment Canada Act implemented
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Jun 8, 2013
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Canada Proceeds with Promised Changes to Foreign Investment Review
Canada proceeds with promised changes to foreign investment review
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May 13, 2013
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Cooperating Firm Agrees to Penalty Equal to 5 Times the Amount of Foreign Bribe
cooperating firm agrees to penalty equal to 5 times the amount of foreign bribe
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Jan 22, 2013
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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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Leniency applicants now debarred from federal procurement
leniency applicants now debarred from federal procurement
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Nov 28, 2012
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Canada continues to welcome foreign investment with Investment Canada Act changes
Canada continues to welcome foreign investment with Investment Canada Act changes
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Sep 30, 2012
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New abuse of dominance enforcement guidelines
New abuse of dominance enforcement guidelines
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Sep 25, 2012
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Foreign corruption compliance: should you have an anti-bribery compliance program?
Foreign corruption compliance: should you have an anti-bribery compliance program?
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Mar 29, 2012
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Trade Associations and the Competition Act
Trade Associations and the Competition Act
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Jan 7, 2009
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