Competition, Antitrust & Foreign Investment

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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

View All Contacts

Dr. A. Neil Campbell

Partner, International Trade | Competition, Antitrust & Foreign Investment

Toronto

neil.campbell@mcmillan.ca Phone

416.865.7025

Janine MacNeil

Partner, Advertising & Marketing

Toronto

janine.macneil@mcmillan.ca Phone

416.307.4124

James B. Musgrove

Partner, Competition, Antitrust & Foreign Investment

Toronto

james.musgrove@mcmillan.ca Phone

416.307.4078

Mark Opashinov

Partner, Competition, Antitrust & Foreign Investment

Toronto

mark.opashinov@mcmillan.ca Phone

416.865.7873

Deals and Cases

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 File

Insights (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.

Jun 5, 2023

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".

Jun 2, 2023

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.

May 2, 2023

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.

Details

Tuesday, April 25, 2023

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”).

Mar 29, 2023

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.

Mar 28, 2023

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.

Mar 10, 2023

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.

Mar 10, 2023

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.

Feb 15, 2023

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.

Feb 6, 2023

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.

Jan 24, 2023

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?

Jan 9, 2023

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.

Dec 22, 2022

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.

Dec 12, 2022

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.

Nov 30, 2022

Gates are Open for Consultation on Round Two of Competition Act Amendments

The Canadian government is consulting on proposed amendments to the Competition Act.

Nov 21, 2022

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.

Nov 16, 2022

Squeaky “Clean”: Competition Bureau Combats Greenwashing

Competition law developments aimed at addressing "greenwashing" (misleading environmental claims), including increased scrutiny by the Bureau.

Nov 10, 2022

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.

Nov 7, 2022

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.

Nov 7, 2022

A Call to Address Canada’s Transportation Supply Chain Crisis: Final Report – Part II

Modernizing the Rail Transportation System in the National Public Interest

Oct 25, 2022

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.

Oct 19, 2022

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.

Oct 18, 2022

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.

Oct 5, 2022

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.

Jul 13, 2022

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.

Jun 29, 2022

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.

Jun 27, 2022

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.

Jun 16, 2022

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.

May 3, 2022

Significant Changes Coming to Canada’s Competition Act

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

May 3, 2022

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.

Apr 21, 2022

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.

Mar 9, 2022

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.

Feb 7, 2022

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.

Jan 26, 2022

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.

Jan 12, 2022

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.

Jan 12, 2022

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.

Jan 10, 2022

Mandatory Vaccination Policy: “Reasonable, Enforceable”

A labour arbitrator upheld an employer’s mandatory vaccination policy, finding the policy to be reasonable and enforceable.

Nov 11, 2021

Certification Denied: An Important Win for Competition Class Action Defendants

Certification denied in DRAM class action.

Nov 10, 2021

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.

Nov 2, 2021

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

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.

Oct 25, 2021

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!

Oct 21, 2021

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

Aug 27, 2021

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.

Jul 20, 2021

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.

Jun 14, 2021

Competitor Collaboration Guidelines: Competition Bureau Updates Key Guidance

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

May 10, 2021

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.

Mar 25, 2021

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.

Mar 3, 2021

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.

Feb 22, 2021

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

Feb 22, 2021

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.

Feb 12, 2021

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.

Feb 2, 2021

In the Bag: Court Certifies Class Action for Westjet Baggage Fees

Jan 29, 2021

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.

Details

January 27, 2021 - 1:00 pm to 2:15 pm ET

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.

Jan 19, 2021

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.

Dec 22, 2020

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.

Nov 30, 2020

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.

Nov 19, 2020

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.

Nov 17, 2020

Getting the Deal Through – Merger Control 2021

Getting the Deal Through - Merger Control 2021

Nov 9, 2020

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

Oct 13, 2020

Mandatory Indoor Face Coverings: What Ontario Employers Need to Know

Oct 6, 2020

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.

Oct 2, 2020

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.

Sep 28, 2020

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.

Aug 12, 2020

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.

Aug 5, 2020

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.

Jul 20, 2020

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.

Jun 11, 2020

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

May 26, 2020

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.

May 1, 2020

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.

Apr 21, 2020

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.

Apr 13, 2020

Cartels in a Time of COVID

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

Apr 6, 2020

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.

Apr 1, 2020

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.

Mar 30, 2020

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.

Mar 29, 2020

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.

Mar 23, 2020

Coronavirus: Harbinger of a New (Old) Approach to Restructuring in Canada?

Restructuring options and challenges in the time of COVID-19.

Mar 20, 2020

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.

Feb 3, 2020

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.

Dec 30, 2019

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

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.

Dec 16, 2019

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.

Nov 21, 2019

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.

Nov 12, 2019

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.

Nov 1, 2019

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

Oct 7, 2019

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

Price fixing; umbrella purchasers; aggregate damages.

Oct 2, 2019

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.

Sep 1, 2019

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.

Jun 26, 2019

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.

Jun 4, 2019

Proposed Digital Charter Could Bring Sweeping Changes to Canadian Privacy Laws

On May 21, 2019, the Canadian federal government released a proposed Digital Charter

May 23, 2019

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.

May 20, 2019

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.

Apr 9, 2019

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.

Mar 1, 2019

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.

Feb 13, 2019

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.

Feb 1, 2019

Competition Law Recap: Key Takeaways from 2018

Dec 6, 2018

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.

Nov 30, 2018

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.

Oct 4, 2018

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

Sep 26, 2018

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.

Jul 4, 2018

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

Jun 1, 2018

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.

Details

May 3, 2018 - 4:15 PM to 6:00 PM

Canada Announces the Creation of the Remediation Agreement Regime and Improvements to the Integrity Regime to Tackle Corporate Crime

Mar 29, 2018

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

Mar 1, 2018

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.

Feb 14, 2018

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

Jan 1, 2018

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

Jan 1, 2018

CSA Provides Guidance to Registrants on Cyber Security and Social Media

Nov 1, 2017

NAFTA Here Today, Gone Tomorrow?

Oct 24, 2017

Government of Canada Announces Public Consultation regarding Deferred Prosecution Agreements (DPAs)

Oct 13, 2017

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

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

Sep 14, 2017

Supreme Court Justices Drop the Gloves Over Tariff Classification

Sep 13, 2017

CETA is Provisionally Implemented — the C$1.5 Billion Threshold Arrives

Sep 1, 2017

Rigging the Bid: Finding Fraud in a Regulated Setting

Jun 30, 2017

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

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

Jun 22, 2017

Softwood Lumber: Hard Facts

Jun 16, 2017

Bill C-49: Is the Line Haul Interswitching Remedy Really New?

Regulators Rethink "Best Interest" Standard for Registrants

May 30, 2017

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

May 16, 2017

FCPA Declination Letters and Corporate Criminal Liability: What Can Be Learned From the U.S. Approach

Apr 28, 2017

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

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

Apr 12, 2017

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

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

Mar 14, 2017

NAFTA – the sky is not falling – those are just thunder clouds

Mar 6, 2017

2017 Canadian Merger Notification Threshold Increases

Mar 3, 2017

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

Feb 9, 2017

Getting the Deal Through – Cartel Regulation 2017

Feb 1, 2017

Class Actions Keep on Rollin’

Class Actions Keep on Rollin'

Jan 19, 2017

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

Jan 3, 2017

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

Jan 1, 2017

Canada Finalizes Changes to Nutrition Labelling Requirements for Packaged Foods

Dec 30, 2016

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

Dec 5, 2016

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

Nov 14, 2016

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'?

Nov 7, 2016

Competition Bureau Issues Consent Agreement Template

Sep 29, 2016

Competition Bureau to Study Financial Technology Market Impact

Jun 1, 2016

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

Apr 6, 2016