Fasken Martineau DuMoulin LLP

New Competitor Collaboration Guidelines

By Huy Do, Tony Di Domenico, Chris Margison & Robin Spillette

May 7, 2021

On May 6, 2021, the Competition Bureau (the “Bureau”) released its new (and long-awaited) competitor collaboration guidelines (the “New CCGs”). This is the first update to these guidelines since the previous version was published by the Bureau over a decade ago, in 2009 (the “2009 CCGs”). The New CCGs include updated guidance on various matters, including with respect to (i) how the Bureau assesses whether or not certain firms are competitors or potential competitors, (ii)…

Competition chronicle

No Cheat Codes Here – Deceptive Gameplay Marketing in Mobile Game Advertising

By Timothy Law & Anastasia Reklitis

May 5, 2021

In recent years, competition authorities around the globe have indicated an increased interest in the video game industry. As noted in a 2019 perspective paper by the US FTC, video games have evolved from being static one-time purchases to functioning as a dynamic service where players can make further in-game purchase, or microtransactions, for in-game content. With the development of new monetization strategies, new deceptive marketing practices have also emerged. In particular, mobile game publishers…

Competition chronicle

Online Intermediation Platforms Market Inquiry

By Palesa Mpe

April 27, 2021

South Africa’s Competition Commission (the “Commission”) has published the finalised Terms of Reference for its Online Intermediation Platforms Market Inquiry (“OIPMI”). The OIPMI follows the Commission’s release of its “Competition in the Digital Economy” paper wherein it notes the benefits of online products and services but expressed concerns about the ‘winner-takes-all’ nature of some of these markets, particularly for search, shopping and social media. The OIPMI seeks to examine and potentially address the features of…

Competition chronicle

Foreign Investment Reactions to the Pandemic: National Security Concerns or Economic Nationalism?

By Douglas C. New & Shannon Kristjanson

April 19, 2021

National security concerns have been cited by some countries as the motivation behind recent legislative and policy changes directed at regulating foreign investment. The creation of new or the bolstering of existing national security investment review regimes raises the question as to whether these changes are solely based on legitimate national security concerns or whether some countries are using national security as a guise for more protectionist practices. For example, while critical infrastructure has long…

Timely disclosure

CSA and IIROC publish updated guidance on cryptocurrency regulatory issues; OSC issues deadline for cryptocurrency companies to begin regulatory compliance efforts

By Daniel Fuke & Julie He

April 7, 2021

On March 29, 2021, the Canadian Securities Administrators (“CSA”) and the Investment Industry Regulatory Organization of Canada (“IIROC”) jointly published Staff Notice 21-329 Guidance for Crypto-Asset Trading Platforms: Compliance with Regulatory Requirements (“Notice 21-329”)[1]. Notice 21-329 provides guidance on how securities legislation will be applied to crypto-asset trading platforms (“CTPs”) and in doing so expands on the regulatory guidance previously set out in CSA Staff Notice 21-327[2] and joint CSA/IIROC Consultation Paper…

Competition chronicle

New 2021 Merger Filing Fee and Remission Policy

By Huy Do, Tony Di Domenico & Justine Reisler

April 6, 2021

On April 1, 2021, the Government of Canada announced two important updates relating to merger filing fees: (i) a decreased merger filing fee ($74,905.57), and (ii) a new Service Fees Remission Policy. Decreased Merger Filing Fee for 2021 Effective immediately, the Competition Bureau’s (the “Bureau”) filing fee for merger reviews has decreased from $75,055.68 to $74,905.57. The Competition Act requires parties to certain types of transactions that exceed applicable thresholds notify the Bureau. (See our…

Competition chronicle

Takeaways from the Competition Bureau’s Participation in the International Working Group Focused on Pharmaceutical Mergers

By Tony Di Domenico

March 31, 2021

Team of Research Scientists Working On Computer, with Medical Equipment, Analyzing Blood and Genetic Material Samples with Special Machines in the Modern Laboratory.

Canada’s Competition Bureau (the “Bureau”) has joined an international multilateral working group that will be focusing on the analysis of pharmaceutical mergers. Initiated by the U.S. Federal Trade Commission, the working group also includes the Antitrust Division of the U.S. Department of Justice, Offices of State Attorneys General, the U.K. Competition and Markets Authority (“CMA”) and the European Commission Directorate General for Competition (“European Commission”). According to the Bureau, “(t)he goal of the initiative…

Competition chronicle

Possible Amendments to the Competition Act – What Do We Really Know?

By Chris Margison

March 29, 2021

Black chess king among lying down white pawns

Numerous countries around the world are currently reviewing their competition laws and policies. This review is focussed on both the purpose of competition law generally and whether existing laws are “fit for purpose”, particularly in the context of today’s rapidly changing and highly disruptive digital economy. The debate around these issues has been fierce to say the least, with some arguing that no changes are needed and others, such as U.S. Senator Amy Klobuchar,…

Timely disclosure

A Step in the Right Direction: Updated Guidelines on Canada’s National Security Review Bring Greater Clarity

By Andrew House, Huy Do, Anthony F. Baldanza, Douglas C. New, Justine Reisler & Shannon Kristjanson

March 26, 2021

On March 24, 2021, the Minister of Innovation, Science and Industry (the “Minister”) announced updates to the Guidelines on the National Security Review of Investments (the “Guidelines”) issued under the Investment Canada Act (the “ICA”). This first update since the Guidelines were issued on December 21, 2016 appears to respond to widely expressed concerns about the sanctity of personal information, vulnerability of Canadian intellectual property, and the growing importance of things like critical minerals to Canada’s…

Competition chronicle

A Step in the Right Direction: Updated Guidelines on Canada’s National Security Review Bring Greater Clarity

By Andrew House, Huy Do, Anthony F. Baldanza, Douglas C. New, Justine Reisler & Shannon Kristjanson

March 25, 2021

Fasken Martineau DuMoulin LLP

Fasken Martineau DuMoulin LLP Blogs

Blog Authors

New Competitor Collaboration Guidelines

No Cheat Codes Here – Deceptive Gameplay Marketing in Mobile Game Advertising

Online Intermediation Platforms Market Inquiry

Foreign Investment Reactions to the Pandemic: National Security Concerns or Economic Nationalism?

CSA and IIROC publish updated guidance on cryptocurrency regulatory issues; OSC issues deadline for cryptocurrency companies to begin regulatory compliance efforts

New 2021 Merger Filing Fee and Remission Policy

Takeaways from the Competition Bureau’s Participation in the International Working Group Focused on Pharmaceutical Mergers

Possible Amendments to the Competition Act – What Do We Really Know?

A Step in the Right Direction: Updated Guidelines on Canada’s National Security Review Bring Greater Clarity

A Step in the Right Direction: Updated Guidelines on Canada’s National Security Review Bring Greater Clarity

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