Canadian competition laws affect all Canadian, U.S. and international companies doing business in Canada, from transactions to strategic collaborations to unilateral business plans and activities. The Competition Bureau has increased its use of formal powers to require significant document production in merger matters and to obtain court orders for production in civil and criminal investigations, and enforcement proceedings before the Competition Tribunal and courts are on the rise. Canada has also experienced an increase in competition-related class actions by private litigants. This ever-evolving landscape requires that companies implement and maintain competition best practices and protocols, including tailored compliance programs to address the risks specific to their business.
Similarly, the Canadian government continues to review foreign investment in Canada, particularly with respect to issues of national security as all investments in Canada regardless of size or structure can be reviewed on a discretionary basis on national security grounds. It is imperative that companies engaged in cross-border transactions be aware of potential implications under the Investment Canada Act.
Osler’s Competition/Antitrust and Foreign Investment Group is composed of highly qualified experts with the exceptional insight and experience required to guide clients through Canada’s increasingly complex competition and foreign investment laws. The team provides counsel to clients on business activities that potentially raise concerns under Canadian competition or foreign investment laws, and offers critical input into the design and implementation of tailored compliance programs and training and risk management strategies in the context of transactions, competitor collaborations and other strategic plans. The team also assists clients in conducting internal investigations and offers counsel to those involved in competition-related litigation or a Competition Bureau investigation or prosecution.
Our Competition/Antitrust and Foreign Investment Group assists Canadian, U.S. and international businesses with their most challenging and innovative initiatives and provides them with the advice they need to take strategic plans, transactions and other collaborations from inception through to completion while guiding them through relevant regulatory processes under the Competition Act and the Investment Canada Act.
To help keep you apprised of developments relevant to Canadian competition and foreign investment law, this page provides information regarding our recent matters, updates on industry and legal developments and other relevant publicly available information.
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New criminal provision in the Competition Act presents unique challenges for franchisors
Osler, Hoskin & Harcourt LLP – June 9, 2023
On June 23, amendments to the Competition Act will take effect that prohibit no-poach agreements and “conditions of employment” agreements between unaffiliated employers. Read more
Big changes to competition and foreign investment law and policy in Canada
Osler, Hoskin & Harcourt LLP – December 15, 2022
Canada’s approach to competition and foreign investment law and policy underwent significant change in 2022, including the most significant amendments to the Competition Act since 2009, the announcement of a full-scale review of the Competition Act with a public consultation process, and several rarely seen fully contested merger cases. Read more
Proposed mandatory pre-closing review process for sensitive investments
Osler, Hoskin & Harcourt LLP – December 12, 2022
Emphasizing the importance of foreign investment to Canada’s economy, Bill C-34 proposes to establish mandatory pre-closing review process for investments viewed as especially sensitive from a national security perspective. Read more
Canada’s Minister of Innovation, Science and Industry launches public consultations for comprehensive Competition Act review
Osler, Hoskin & Harcourt – November 21, 2022
Last week, François-Philippe Champagne, Canada’s Minister of Innovation, Science and Industry, formally announced the launch of a comprehensive review of the Competition Act. What kind of reform is on the table? Read more
First round of amendments to the Competition Act now in effect
Osler, Hoskin & Harcourt LLP – June 24, 2022
Amendments to Canada’s Competition Act received Royal Assent on June 23, including increased penalties for anti-competitive conduct, among other developments. Read more
First round of proposed amendments to the Competition Act revealed
Osler, Hoskin & Harcourt LLP – May 2, 2022
Proposed amendments to Canada’s Competition Act would introduce significantly higher penalties for anti-competitive conduct and criminalize no-poach and wage-fixing agreements, among other significant changes Canadian businesses should know. Read more
Proposed amendments to national security review regime
Osler, Hoskin & Harcourt LLP – February 22, 2022
The proposed amendments, including voluntary filings and a substantially expanded review timeline, will have important implications for foreign investors and closely align Canada’s regime with the approach in other jurisdictions including the United States, the United Kingdom and Australia. Read more
Significant amendments to the Competition Act on the horizon
Osler, Hoskin & Harcourt LLP – February 15, 2022
The federal government plans to begin a comprehensive review of the Competition Act to ensure it can meet the challenges of the current economic landscape. Osler’s Competition Group outlines the key areas to watch. Read more
Federal government issues updated guidelines on national security review of foreign investments
Osler, Hoskin & Harcourt LLP – March 31, 2021
On March 24, 2021, the Minister of Innovation, Science and Industry released a statement accompanying an updated version of the Guidelines on the National Security Review of Investments under the Investment Canada Act. The Updated Guidelines broadly reflect the government’s approach in recent years in administering the national security review provisions of the Act rather than a policy shift. However, given the very limited information publicly disclosed regarding the administration of the national security review regime, the increased transparency into the government’s priorities and experience is welcome. Read more
Enhanced foreign investment scrutiny and a busy year for the Competition Bureau
Osler, Hoskin & Harcourt LLP – December 8, 2020
The Canadian government’s approach to reviews of foreign investment and competition matters is in large part unchanged as a result of the ongoing COVID-19 pandemic. While the federal government issued a policy statement regarding increased scrutiny of certain foreign investments and temporarily extended the timelines for discretionary national security reviews, these changes are relatively restrained as compared to actions taken elsewhere. Read more
Litigating during COVID-19 and other notable litigation developments in 2020
Osler, Hoskin & Harcourt LLP – December 8, 2020
In March 2020, the COVID-19 pandemic forced many courts and tribunals to shut their doors. This article highlights a number of the changes and adaptations related to the conduct of litigation that were adopted as a result of the lockdowns. Read more
CUSMA comes into force and Biden is elected President: Calmer seas ahead for U.S.-Canada trade?
Osler, Hoskin & Harcourt LLP – December 8, 2020
After a rocky 2019, global trade faced another challenging year in 2020 with the COVID-19 pandemic and continued aggressive trade actions by the United States. The largest change to Canada’s global trading relationships occurred close to home, with the implementation of the Canada-U.S.-Mexico Agreement (CUSMA), the successor to the North American Free Trade Agreement (NAFTA). Read more
Competition Bureau confirms that it will not pursue no-poaching and wage-fixing agreements between competitors under the criminal provision of the Competition Act
Osler, Hoskin & Harcourt LLP – November 30, 2020
On November 27, 2020, the Competition Bureau (the Bureau) issued a statement confirming that no-poaching, wage-fixing, or other buy-side agreements between competitors are subject to review under the civil provisions of the Competition Act only, and the Bureau will not assess these agreements under the criminal conspiracy provisions of the Act. Read more
U.S. suspends Section 232 tariff on Canadian aluminum
Osler, Hoskin & Harcourt LLP – September 23, 2020
In this International Trade Brief, we discuss the recent U.S. government announcement that it would cease the application of the United States’ 10% tariff on Canadian aluminum exports, but businesses should anticipate that these U.S. tariff measures could be re-imposed in November 2020. Read more
Canadian government’s consultation process on countermeasures to U.S. aluminum tariffs: 2018 Redux?
Osler, Hoskin & Harcourt LLP – August 11, 2020
In this International Trade Brief, we discuss the Canadian government’s consultation process on a proposed list of countermeasures to the 10% tariff on Canadian aluminum exports announced by the United States on August 6, 2020. Read more
Canadian government temporarily extends national security review timelines
Osler, Hoskin & Harcourt LLP – August 10, 2020
On July 31, 2020, the Minister of Innovation, Science and Industry issued a Ministerial Order pursuant to the Time Limits and Other Periods Act (COVID-19) lengthening certain review periods of the national security review timelines under the Investment Canada Act and established by the National Security Review Of Investments Regulations. This Update explains the background and implications. Read more
Canadian competition law merger enforcement: (almost) business as usual
Osler, Hoskin & Harcourt LLP – July 15, 2020
On March 18, 2020, the Commissioner of Competition issued an open letter to the Competition Law Section of the Canadian Bar Association indicating that the remote working environment in Canada is posing considerable challenges for timely market contacts, which in turn could affect the Competition Bureau’s ability to meet its service standards for merger review. The Commissioner encouraged parties to contact Bureau case teams and management as early as possible on complex matters and throughout the course of a review. Osler competition law experts provide an overview of the Bureau’s approach to Canadian competition law merger enforcement in the first half of 2020. Read more
Ottawa to scrutinize Chinese acquisition of gold miner as Huawei case reaches crucial stage
Financial Post – May 26, 2020
The Financial Post’s Gabriel Friedman discusses the federal government’s review of a Chinese mining company’s proposed $207-million buyout of a struggling gold mining company in Nunavut under the Investment Canada Act and the government’s statement that it will subject all investments by state-owned enterprises to “enhanced scrutiny” as a result of the COVID-19 pandemic. Peter Glossop provides insight. Read more
Supply chain disruption: Planning for the long-term impact of the COVID-19 crisis
Osler, Hoskin & Harcourt LLP – May 12, 2020
This update provides answers to commonly asked questions to help address the broad range of legal and business issues that companies should consider when assessing and responding to the immediate supply chain impact of COVID-19, as well as when developing a longer range strategy for sourcing supplies and delivering goods and services to end user customers. Read more
Competition Bureau reiterates its position against anti-competitive generic drug delay tactic
Osler, Hoskin & Harcourt LLP – April 15, 2020
Brand and generic drug companies have evolved their strategies over the years to respond to changes in the marketplace. Occasionally, however, a tactic emerges that does not serve either goal of pharmaceutical policy — innovation or access — and requires government intervention. One such tactic is the unjustified denial or delay by branded pharmaceutical companies to provide samples of their product to generic companies so that they can conduct testing to establish bioequivalence.
On April 2, 2020, the Competition Bureau (Bureau) issued a press release expressing concern about the denial by one brand company, Otsuka Canada Pharmaceutical Inc., of samples of its kidney disease drug, Jinarc, to a generic company for purposes of bioequivalence testing. This Update discusses the Bureau’s views on key elements of the legal analysis of the Jinarc case and the Bureau’s strong signal to the industry that it “will keep a very close eye on this sector and use all the tools at [its] disposal to take action against companies [that] would harm competition in this industry.” Read more
Provincial payer quashes attempted drug evergreening strategy
Osler, Hoskin & Harcourt LLP – January 17, 2020
At the end of a drug product’s life cycle, companies sometimes pursue a “product switch” to replace their old product with a new patented product and thereby extend market exclusivity. Drug payers must then determine how to deal with the new product without stifling generic competition on the old one. In a recent Alberta Court of Queen’s Bench decision, the Court considered the reasonableness of an approach taken by the Alberta Minister of Health that assessed generic versions of an old product as being interchangeable with the new one. The case illuminates the challenges faced by drug companies and payers alike in a product switch scenario. Read more
Supreme Court Majority alters framework for judicial reviews and statutory appeals
Osler, Hoskin & Harcourt LLP – December 20, 2019
On December 19, 2019, the Supreme Court of Canada issued its much-anticipated decisions in Canada (Minister of Citizenship and Immigration) v. Vavilov and Bell Canada v. Canada (Attorney General) and National Football League v. Canada (together, the Administrative Law Trilogy). The Administrative Law Trilogy is of tremendous significance to all participants in the administrative state, including regulated companies operating within Canada, as it redefines the nature and scope of judicial review of administrative action. Read more
Competition Tribunal confirms business justification is the paramount consideration in an abuse of dominance case
Osler, Hoskin & Harcourt LLP – November 21, 2019
On October 17, 2019, the Competition Tribunal rendered its decision in CT-2016-015 Commissioner of Competition v. Vancouver Airport Authority (Decision). The Decision provides a comprehensive analysis of when an organization may be found to have engaged in a “practice of anti-competitive acts,” which is a key element of an abuse of dominance finding. Read more
Competition class actions in Canada: The Supreme Court resets the ground rules
Osler, Hoskin & Harcourt LLP – September 20, 2019
In a landmark decision that was released September 20, the Supreme Court has revisited and reset the ground rules governing the availability of collective relief for consumers in Canada, particularly in respect of class actions that seek damages for anti-competitive harm. Read more
Canada takes major steps toward enhanced biosimilar access
Osler, Hoskin & Harcourt LLP – June 12, 2019
The past decade has seen increased use of expensive specialty biologic medicines to treat life-threatening and debilitating illnesses, such as cancer, rheumatoid arthritis and Crohn’s disease. During this time, drug payers in Canada have awaited major cost savings from anticipated biosimilar competition, but the savings have been slow to come due to regulatory, patent and market access barriers. Over the last month, the Canadian Agency for Drugs and Technologies in Health and the Government of British Columbia have taken significant steps to enhance the use of biosimilar drug products across Canada. Read more
Competition Bureau releases updated Intellectual Property Guidelines
Osler, Hoskin & Harcourt LLP – April 1, 2019
Consistent with its commitment to review its Intellectual Property Enforcement Guidelines (IPEGs) on a regular basis and revise them to reflect new legal decisions and relevant legislative changes, on March 13, 2019, the Competition Bureau issued updated IPEGs reflecting change in the law and an evolving jurisprudence. Read more
Revised Abuse of Dominance Guidelines bring welcome and noteworthy guidance on numerous issues
Osler, Hoskin & Harcourt LLP – March 27, 2019
On March 7, 2019, the Competition Bureau, under the direction of newly appointed Commissioner Boswell, released updated Abuse of Dominance Enforcement Guidelines (the Guidelines). The Guidelines provide a detailed outline of the Bureau’s approach to the abuse of dominance provisions in section 79 of the Competition Act. Read more
Investment Canada Act Annual Report provides new insights into the small number of transactions that have raised national security concerns
Osler, Hoskin & Harcourt LLP – March 13, 2019
On March 1, 2019, the Director of Investments filed the annual report on the administration of the Investment Canada Act for the fiscal year ending March 31, 2018 (the Annual Report). The Annual Report is the first released after mandatory new reporting requirements on the administration of the national security provisions came into effect in 2017. The Annual Report therefore provides important new insights and data relating to the application of Canada’s national security review regime. Read more
Foreign Investment in Canada: Focus on national security and liberalization of the net benefit regime
Osler, Hoskin & Harcourt LLP – December 18, 2018
It was an eventful 2018 for foreign investment review in Canada. Canada’s national security regime took centre stage as a result of the Canadian government’s decision to block the proposed takeover of construction firm Aecon Group Inc. by a Chinese acquiror under the national security regime. Meanwhile, liberalization of Canada’s long-standing net benefit regime continued. Read more
Aecon ambiguity: In Ottawa, there are no easy answers to the China question
The Globe and Mail – June 12, 2018
The Globe and Mail journalist Jeffrey Jones examines the federal government’s decision to block China Communications Construction Co. Ltd.’s proposed acquisition of Aecon Group Inc. and turns to Peter Glossop, a partner in Osler’s Competition/Antitrust and Foreign Investment Group, for insight. Read more
Proposed acquisition of Aecon by CCCI blocked on national security grounds
Osler, Hoskin & Harcourt LLP – May 24, 2018
The Canadian federal government has blocked a proposed takeover of construction firm Aecon Group Inc. by China Communications Construction Company International Holding Limited (CCCI) on the basis that the transaction would be injurious to Canada’s national security. This is only the third transaction blocked under Canada’s national security regime, and the first transaction blocked by the Liberal government. Read more
FinTech continues as one of the Competition Bureau’s key priorities for 2018-2019
Osler, Hoskin & Harcourt LLP – May 14, 2018
On May 3, 2018, the Competition Bureau (the Bureau) released its draft 2018-19 Annual Plan: Building trust to advance competition in the marketplace for public comment. The draft Plan provides details on the Bureau’s priorities and objectives for the coming year and outlines how the Bureau will pursue its work to foster more competition and innovation in Canada. FinTech continues to be one of the Bureau’s key priorities and objectives for the coming year. Read more
Government of Canada announces significant expansion of Integrity Regime for federal contracting
Osler, Hoskin & Harcourt LLP – March 29, 2018
Following an extensive consultation process over the past year, the Government of Canada announced this week that it will be implementing an enhanced Integrity Regime for government contracting and procurement that will come into effect January 1, 2019. In its announcement, the government provided an overview of the forthcoming changes, and reported that it will be increasing the number of offence and ethical circumstances that will trigger debarment from federal contracting in Canada. Read more
Canadian Competition Law Guide for in-house counsel 2018
Osler, Hoskin & Harcourt LLP – March 2018
This practical guide covers Canadian competition law, examining Canada’s Competition Act and appropriate case law. Read more
Liberalizing foreign investment review
Osler, Hoskin & Harcourt LLP – December 13, 2017
The federal Liberal government has taken a number of steps in 2017 to liberalize foreign investment review, making it easier for foreigners to acquire Canadian businesses. Read more
Aecon eyes growth with $1.45-billion sale to Chinese construction group
The Globe and Mail – November 13, 2017
The Globe and Mail looks at the sale of Canadian construction firm Aecon Group Inc. to Beijing-based China Communications Construction Co. Ltd. for $1.45 billion. Peter Glossop, a partner in Osler’s Competition/Antitrust and Foreign Investment Group, provides insight into the deal, which, as the article points out, “represents one of the first major tests of the Trudeau government's approach to Chinese takeovers.” Read more
Consumer protection and online advertising
Osler, Hoskin & Harcourt LLP – November 2017
The Competition Bureau (the Bureau), the Office of the Privacy Commissioner (OPC) and other regulators have identified the protection of consumers in the online marketplace as a key enforcement priority. In the past two years, the Bureau has settled 13 misleading advertising cases by way of consent agreement and has another key enforcement proceeding pending before the Competition Tribunal. This infographic provides a brief overview of enforcement priorities and significant proceedings updates. Read more
Feds promise to guard Canadian jobs before approving Bombardier-Airbus deal
Financial Post – October 30, 2017
This Financial Post article looks at the deal between Bombardier and Airbus, a European competitor, including the promises that the federal government has made to include safeguards to support Canada’s aerospace industry. Peter Glossop, a partner in Osler’s Competition/Antitrust and Foreign Investment Group, provides insight into the implications of the deal. Read more
Canadian government eliminates facilitation payments exclusion in the Corruption of Foreign Public Officials Act
Osler, Hoskin & Harcourt LLP – October 30, 2017
As of October 31, 2017, facilitation payments will no longer be excluded from the bribery offence under Canada’s Corruption of Foreign Public Officials Act. Read more
Foreign investment in Canada: Osler fall 2017 update
Osler, Hoskin & Harcourt LLP – October 5, 2017
This year there was a significant increase to the financial threshold used to determine whether private-sector investments in Canadian businesses will be subject to “net-benefit” review under the Investment Canada Act. Read more
Major U.S. court decisions change patent landscape for Canadian companies
Osler, Hoskin & Harcourt LLP – July 6, 2017
A pair of recent U.S. Supreme Court decisions in patent cases have the potential to alter the risk landscape for cross-border commercialization. Read more
2017 Budget Implementation Act introduces amendments to the Investment Canada Act
Osler, Hoskin & Harcourt LLP – June 23, 2017
On June 22, 2017, Bill C-44, An Act to implement certain provisions of the budget tabled in Parliament on March 22, 2017 and other measures (the Budget Act) received Royal Assent. The Budget Act implements the previously announced increase of the generally applicable threshold for “net benefit” review under the Investment Canada Act to $1 billion. Read more
Clearance for previously blocked investment suggests continued trend of flexibility in national security reviews
Osler, Hoskin & Harcourt LLP – April 4, 2017
On March 27, 2017, Hong Kong-based O-Net announced that the Cabinet had approved its acquisition of Montreal-based ITF Technologies, subject to certain conditions. The transaction had been previously deemed injurious to Canada's national security. Read more
Liberal green light for Chinese takeover deal a turning point for Canada: experts
The Globe and Mail – March 28, 2017
Canada’s approval of a Chinese takeover deal originally blocked due to national security concerns could signal Prime Minister Trudeau’s government is willing to open its doors to more foreign investments in what “appear to be sensitive sectors,” Osler partner Peter Glossop tells The Globe and Mail. Read more
OFAC fines China-based ZTE $1.2 billion: Implications for Canadian companies
Osler, Hoskin & Harcourt LLP – March 27, 2017
The U.S. Department of the Treasury’s Office of Foreign Assets Control recently announced a $1.192-billion fine against Chinese telecommunications giant ZTE Corp. and its subsidiaries. This Update outlines the implications for Canadian companies. Read more
Competition Criminal Enforcement in Canada: The year in review 2016
Osler, Hoskin & Harcourt LLP – March 1, 2017
In 2016, the Commissioner of Competition pursued another year of aggressive criminal enforcement in Canada. In our annual report on antitrust criminal enforcement in Canada, we examine key developments as part of our survey of the leading investigations by the Commissioner and prosecutions by the Public Prosecution Service of Canada. We also discuss the leading judicial decisions from 2016, and consider their implications for domestic and international price-fixing investigations. In addition, we review the Commissioner’s latest public statements relating to criminal enforcement of the Competition Act, and highlight a number of areas where we can expect developments in 2017. Read the review
Divestiture order reversal suggests evolving approach to national security reviews
Osler, Hoskin & Harcourt LLP – January 18, 2017
The Canadian federal government has reversed a cabinet order issued by the previous Conservative government in July 2015 that sought to unwind a transaction deemed injurious to Canada’s national security. Read more
Deal privilege may no longer protect shared legal advice following Minister of National Revenue v. Iggillis Holdings Inc., 2016 FC 1352
Osler, Hoskin & Harcourt LLP – December 22, 2016
A recent decision by the Federal Court of Canada will place restrictions on the ability of parties to share privileged materials in the context of an acquisition transaction or other commercial arrangement between arm’s length parties. Read more
Revised Intellectual Property Enforcement Guidelines clarify the Competition Bureau’s approach in IP matters
Osler, Hoskin & Harcourt LLP – April 4, 2016
The Competition Bureau released revised Intellectual Property Enforcement Guidelines on March 31, 2016, after engaging in a lengthy consultation period based on a draft released in June 2015. Read more
RCMP closes Nordion foreign bribery investigation
Osler, Hoskin & Harcourt LLP – March 28, 2016
On the heels of the March 3, 2016, announcement by the United States Securities and Exchange Commission that Nordion (Canada) Inc. (Nordion Canada) would be paying $375,000 as a civil fine for the resolution of the U.S. anti-corruption enforcement, reports started to emerge that the Royal Canadian Mounted Police has closed its foreign bribery investigation into Nordion Canada due to lack of evidence. Read more
Nordion resolves 4-year anti-corruption investigation
Osler, Hoskin & Harcourt LLP – March 4, 2016
On March 3, 2016, the United States Securities and Exchange Commission accepted an offer in the amount of $375,000 from Nordion (Canada) Inc. as a civil penalty for resolution of an anti-corruption enforcement proceeding. Read more
Technology company pays $28 million to settle FCPA violations for improper gifts and entertainment
Osler, Hoskin & Harcourt LLP – February 23, 2016
The United States Securities and Exchange Commission announced last week that Massachusetts-based technology company PTC Inc. and its Chinese subsidiaries will be required to pay more than $28 million in fines to settle parallel civil and criminal actions involving violations of the Foreign Corrupt Practices Act. Read more
Lifting of Canada’s economic sanctions against Iran represents meaningful trade opportunities for Canadian business
Osler, Hoskin & Harcourt LLP – February 10, 2016
On February 5, 2016, Stéphane Dion, Minister of Foreign Affairs, and Chrystia Freeland, Minister of International Trade, announced significant changes to Canada’s economic sanctions against Iran under the Special Economic Measures Act and the United Nations Act. Read more
Antitrust criminal enforcement white paper: Immunity, leniency and lessons learned
Osler, Hoskin & Harcourt LLP – February 9, 2016
The Commissioner of Competition experienced a less than average year in 2015, largely due to the Public Prosecution Service in Canada’s failure to secure two significant domestic convictions in price-fixing and bid-rigging respectively. These results prompted the Competition Bureau to launch a comprehensive review of the immunity program as well as a major internal review. Our white paper, Competition Criminal Enforcement in Canada: The Year in Review 2015, examines these findings and highlights several areas where we will see major changes in the immunity and leniency programs in 2016, with greater emphasis put on securing convictions. Read more
Lessons from Rona/Lowe’s
Osler, Hoskin & Harcourt LLP – February 4, 2016
In a vindication of the Rona board’s business judgment, on February 3, 2016, Lowe’s agreed to acquire Rona for $24 per share in cash – a 65% premium to Lowe’s July 2012 unsolicited $14.50 proposal that was rejected by Rona’s board, and a 104% premium to the pre-announcement share price. Read more
SNC-Lavalin avoids federal bidding suspension
Osler, Hoskin & Harcourt LLP – December 15, 2015
On December 9, 2015, SNC-Lavalin Group Inc. entered into an administrative agreement with Public Works and Government Services Canada pursuant to the federal government’s revised Integrity Regime announced in July 2015. The SNC-Lavalin administrative agreement represents the first administrative agreement entered into under the revised Integrity Regime. Read more
Deferred prosecution agreement: Standard Bank’s prosecution under the U.K. Bribery Act suspended for three years
Osler, Hoskin & Harcourt LLP – December 11, 2015
On November 30, 2015, a U.K. court approved for the first time the use of a deferred prosecution agreement. Read more
Significant changes to Canadian foreign investment review
Osler, Hoskin & Harcourt LLP – December 9, 2015
There were several significant developments in foreign investment law in Canada in 2015. Chief among these was the change to the size of transactions that are now subject to the “net benefit” review test under the Investment Canada Act. Read more
The swan song of poison pill hearings?
Osler, Hoskin & Harcourt LLP – November 30, 2015
In what may be the last major rights plan decision prior to the implementation of proposed amendments to the take-over bid regime that will give target issuers 120 days to respond to a hostile take-over bid, the Alberta Securities Commission ordered today that Canadian Oil Sands Limited’s (COS) shareholder rights plan will be cease traded 91 days after Suncor Energy Inc. formally commenced its $4.3 billion hostile bid for COS. Read more
Trans-Pacific Partnership: Key takeaways from the legal text
Osler, Hoskin & Harcourt LLP – November 10, 2015
On November 5, 2015, a month after 12 Pacific Rim countries representing 40% of the global economy concluded their negotiations on the Trans-Pacific Partnership, the legal text of the agreement was released to the public. Read more
Mid-year merger review update
Osler, Hoskin & Harcourt LLP – July 6, 2015
The first half of 2015 has proven to be busy for the Competition Bureau’s newly established Mergers and Monopolistic Practices Branch. In this Antitrust Advisory, we review some of the Branch’s most notable merger activities year to date. Read more
Class actions: What U.S. clients and counsel need to know
Osler, Hoskin & Harcourt LLP – April 1, 2015
Antitrust class actions have become a permanent fixture in the Canadian and U.S. competition enforcement landscape. In this Antitrust Advisory, we highlight Canada’s unique private remedies and distinct class action regime, ensuring U.S. clients and counsel are prepared for parallel class actions filed on both sides of the border. Read more
Supreme Court of Canada’s Tervita decision provides important guidance on Canada’s merger laws
Osler, Hoskin & Harcourt LLP – January 30, 2015
On January 22, 2015, the Supreme Court of Canada released a ground-breaking decision that promises to have a significant impact on the future application of the merger provisions of the Competition Act. This Update reviews the Tervita decision and discusses the ramifications for merging parties and their advisors. Read more
Implications of the federal Debarment Policy for government-contracting entities
Osler, Hoskin & Harcourt LLP – January 26, 2015
For entities that contract with the federal government, non-compliance with the Competition Act can result in severe and far-reaching consequences under the government’s Debarment Policy. In this Antitrust Advisory, we highlight the scope and implications of the Debarment Policy, and how you can steer clear of being debarred. Read more
Fundamentals of the Competition Bureau’s Immunity and Leniency Programs
Osler, Hoskin & Harcourt LLP – January 15, 2015
The Competition Bureau’s Immunity and Leniency Programs have proven effective in detecting criminal cartel activity in Canada. In this Antitrust Advisory, we explore the fundamentals of these initiatives, helping you navigate the incentives – and complexities – of program participation. Read more
Mind the gap: Commissioner of Competition to scrutinize cross-border pricing policies
Osler, Hoskin & Harcourt LLP – December 11, 2014
On December 9, 2014, the federal government introduced legislation to implement its promise to “end geographic price discrimination against Canadians.” While the proposed legislation does not make engaging in cross-border differential pricing unlawful, it gives the Commissioner of Competition expansive tools to investigate companies that charge higher prices in Canada than the United States and publicly denounce their lawful pricing practices. Read more
Dos and don’ts for communications with competitors
Osler, Hoskin & Harcourt LLP – December 5, 2014
When communicating with competitors, extra vigilance is required to manage and mitigate potential competition law risks. In this Antitrust Advisory, we examine some of the dos and don’ts of competitor communications, helping you to stay on the right side of the law. Read more
Canadian competition law compliance: Penalties, risk factors and program components (infographic)
Osler, Hoskin & Harcourt LLP – December 2014
Recognizing the critical importance of effective compliance programs, the Competition Bureau recently issued an updated draft of its Corporate Compliance Programs Bulletin, which outlines the seven fundamental components of an effective risk management strategy. Our infographic guides you through these key elements while highlighting the risks associated with violating the Competition Act. View the infographic
Search and seizure: Top 10 dos and don’ts for when competition enforcers knock on your door
Osler, Hoskin & Harcourt LLP – November 27, 2014
A search and seizure is a fast-paced and high-stakes situation requiring the right mix of preparation and cooperation. In this Antitrust Advisory, we highlight the top 10 dos and don’ts when responding to an unexpected visit from competition enforcers, ensuring you’re well equipped for whatever comes your way. Read more
Cartels: What you need to know about Canada’s criminal cartel offence
Osler, Hoskin & Harcourt LLP – November 20, 2014
The cornerstone of Canada’s Competition Act, the cartel offence is the top priority of the Competition Bureau. In this Antitrust Advisory, we take a closer look at cartel activity in Canada as well as the global enforcement effort, providing practical information to help you manage your risk. Read more
Bid-rigging: What you need to know about Canada’s bid-rigging offence
Osler, Hoskin & Harcourt LLP – November 13, 2014
Cracking down on cartel offences remains a top priority for the Canadian Competition Bureau, and bid-rigging is no exception. In this Antitrust Advisory, we look closely at bid-rigging schemes in Canada – from the Bureau’s investigative powers to the penalties and consequences – providing practical information to help you manage your risk. Read more
Competition Bureau emphasizes proactive approach to fostering a culture of compliance and managing competition law risk
Osler, Hoskin & Harcourt LLP – October 16, 2014
In recognition of the critical role of compliance programs and training in competition law risk management, the Competition Bureau has issued for comment an updated draft of its Corporate Compliance Programs Bulletin. The Draft Bulletin outlines the Bureau’s high expectation that Canadian businesses proactively foster a culture of compliance within their organizations and dedicate significant resources to managing their competition law risk. Read more
Competition Bureau signals increased scrutiny of patent litigation settlement agreements
Osler, Hoskin & Harcourt LLP – October 16, 2014
Patent litigation settlement agreements took centre stage in a speech by the Commissioner of Competition and a related white paper – Patent Litigation Settlement Agreements: A Canadian Perspective – issued by the Competition Bureau on September 23, 2014. This is the most detailed guidance provided by the Bureau regarding the application of the Competition Act to patent litigation settlement agreements in the pharmaceutical industry. Read more
Competition Bureau releases draft updated Intellectual Property Enforcement Guidelines
Osler, Hoskin & Harcourt LLP – April 14, 2014
On April 2, 2014, the Competition Bureau released draft updated Intellectual Property Enforcement Guidelines for a 60-day consultation period. The Revised IPEGs principally reflect the amendments to the Competition Act that have been made since the IPEGs were released in 2000. Read more
Competition Bureau releases consultation draft of price maintenance enforcement guidelines
Osler, Hoskin & Harcourt LLP – April 4, 2014
On March 20, 2014, the Competition Bureau released for public comment draft enforcement guidelines on the price maintenance provisions found in section 76 of the Competition Act. These draft guidelines are the first official statement of the Bureau’s approach to enforcement of the civil price maintenance provisions since they were introduced in 2009, at the same time as the repeal of the criminal per se price maintenance offence previously found in section 61 of the Competition Act. Read more
Court orders Rogers to pay $500,000 Competition Act penalty and provides guidance on remedies
Osler, Hoskin & Harcourt LLP – February 28, 2014
On February 24, 2014, the Ontario Superior Court of Justice released its decision regarding remedies in Canada (Commissioner of Competition) v. Chatr Wireless Inc. The Court’s decision provides important judicial guidance on the determination of appropriate remedies under the reviewable conduct provisions of the Competition Act. In particular, the Court held that an administrative monetary penalty must be imposed for the purpose of promoting compliance with the Act and must be proportional to the nature of the person whose conduct one seeks to change. Read more
2014 Federal Budget: Announcing a new foray into price regulation for the Commissioner of Competition?
Osler, Hoskin & Harcourt LLP – February 13, 2014
Minister Flaherty has once again proven that the Competition Act is vulnerable to politically expedient amendments developed to respond to perceived exploitative conduct. Following on statements in the 2013 Throne Speech, Minister Flaherty indicated in the 2014 Budget that the government will introduce legislation to address geographic price discrimination “that is not justified by higher operating costs in Canada, and to empower the Commissioner of Competition to enforce the new framework.” Read more
Toronto Real Estate Board heads back to the Competition Tribunal
Osler, Hoskin & Harcourt LLP – February 4, 2014
On February 3, 2013, the Federal Court of Appeal released a significant ruling that reversed the Competition Tribunal’s earlier finding that the abuse of dominance provisions of the Competition Act do not apply to the Toronto Real Estate Board. In short, the Court found that the Tribunal had adopted an overly narrow interpretation of the Act and failed to properly analyze whether TREB had engaged in a practice of anti-competitive acts within the meaning of the abuse of dominance provisions. Read more
Voluntary restitution programs and class action exposure: Lessons from the Hyundai/Kia consumer class action settlements
Osler, Hoskin & Harcourt LLP – February 3, 2014
In many misleading advertising and consumer protection cases, a company that discovers a regulatory breach will self-report to the Competition Bureau (or other law enforcement agencies) and implement a voluntary compensation program to mitigate the company’s regulatory and civil class action exposure. Read more
Changes to Bureau enforcement policies signal new aggressive stance
Osler, Hoskin & Harcourt LLP – September 25, 2013
Canada’s Competition Bureau today announced substantial revisions to their immunity and leniency policies’ FAQs. While the fundamental features of the programs do not change, new elements have been added, signalling a more aggressive enforcement approach that could influence the decision to seek immunity or leniency in Canada. Read more
Procurement and the Competition Act: Recent guidance from the Alberta Court of Appeal
Osler, Hoskin & Harcourt LLP – June 26, 2013
In a recent ruling involving a joint purchase agreement, the Alberta Court of Appeal held that an agreement between competitors in the oil and gas industry to exclusively use one supplier over another did not constitute an unlawful conspiracy under the Competition Act and did not constitute a form of unlawful conspiracy at common law. Read more
Competition Tribunal dismisses Commissioner’s application against TREB and confirms that abuse of dominance applies only when anti-competitive acts are directed at a competitor
Osler, Hoskin & Harcourt LLP – April 18, 2013
In an unexpectedly brief decision dated April 15, 2013, the Competition Tribunal dismissed the Commissioner of Competition’s application challenging certain practices of the Toronto Real Estate Board under the abuse of dominance provisions in section 79 of the Competition Act. The Tribunal dismissed the application on the basis that section 79 did not apply to the conduct at issue. The Commissioner has 30 days to appeal the decision. Read more
Supreme Court tightens conspiracy liability rules: Implications for antitrust criminal cases
Osler, Hoskin & Harcourt LLP – March 6, 2013
On March 1, 2013, the Supreme Court of Canada released an important ruling on the scope of criminal conspiracy in Canada and significantly restricted the “party liability” rules for conspiracy offences. This decision could have significant implications for criminal antitrust prosecutions in Canada involving potential liability by third parties including individuals, affiliated companies and trade or industry associations. Read more