Fasken Martineau DuMoulin LLP

Agreement Amongst Competition Authorities of the G7 Countries on the Digital Economy

By Sabrina Jackson-Nazareth on August 22, 2019

The Competition authorities of the G7 countries (Canada, France, Germany, Italy, Japan, the U.K. and the U.S.) and the European Commission have reached a common agreement on the opportunities and challenges arising from the growing digital economy. The agreement was reached on June 5, and adopted by the Finance Ministers and the Bank of Governors of the G7 and the European Commission on July 18. The competition authorities agreed on four primary principles: Competitive markets…

Competition Chronicle

Mitigating the Risk of Pre-Closing Information Exchanges

By Chris Margison on August 7, 2019

Pre-merger exchanges of information can create competition risk. Companies considering mergers or acquisitions legitimately need access to detailed information about the other party’s business in order to negotiate the deal, engage in due diligence and implement the transaction. While non-competitively sensitive can (subject to any commercial concerns) be freely exchanged, care needs to be exercised when exchanging competitively sensitive information, such as current and future price information, strategic plans and costs. This is especially true…

Competition Chronicle

Interaction Between Privacy and Competition Law in a Digital Economy

By Alexandra Mitretodis & Brock Euper on July 29, 2019

Introduction In a digital economy, there has been an increasing amount of scrutiny regarding technology’s impact on consumers and competition. One key question is whether privacy should be considered a dimension of competition? That is to say, is privacy relevant to the analysis of competitive effects? Competition law incorporates many non-price dimensions of competition, including innovation, quality, variety, service and advertising. One significant type of non-price effect involving data is privacy. Firms may compete to…

Competition Chronicle

Mixed Reaction to Grocery Retail Market Inquiry’s Preliminary Findings

By Johan Coetzee on July 19, 2019

The South African Grocery Retail Market Inquiry (“Inquiry”) published its preliminary report on May 29, 2019 (“Preliminary Report”). The broad finding of the Inquiry is that there is a combination of features in the South African grocery retail sector that may prevent, distort or restrict competition. For an overview of the key preliminary findings of the Inquiry, please see our bulletin, Grocery Retail Marketing Inquiry: Key Preliminary Findings and Recommendations. Stakeholders were invited to…

Competition Chronicle

Competition Bureau Releases Draft Model Timing Agreement

By Chris Margison on July 17, 2019

As mentioned in our prior blog post titled Commissioner Points to More Active Enforcement, Greater Transparency and Refined Approach to Efficiencies Defence, the Commissioner of Competition announced during his keynote speech at the Canadian Bar Association’s Competition Law Spring Conference on May 7, 2019 that the Competition Bureau intended to release for public comment a draft model timing agreement for merger reviews where the parties raise the efficiencies defence. The draft agreement was released …

Competition Chronicle

US DOJ Policy Shift Highlighting Importance of Corporate Compliance Programs

By Huy A. Do on July 12, 2019

In his remarks at the New York University School of Law on July 11, 2019, Assistant Attorney General Makan Delrahim announced a significant policy shift at the US Department of Justice (DOJ) that would incentivize the adoption of adequate and effective corporate compliance programs. Going forward, in deciding on how to resolve criminal charges against corporations, US DOJ prosecutors will consider “the adequacy and effectiveness of the corporation’s compliance program at the time of the…

Timely Disclosure

Dianor Resolved – Jurisdiction to Vest Off Interests in Land in Receivership Upheld, but GORs Hard to Impair

By Stuart Brotman & Dylan Chochla on July 10, 2019

Introduction In a number of recent cases, Canadian courts have demonstrated a willingness to vest mining claims free of royalty rights notwithstanding that those rights might constitute interests in land. One such case before the courts in Ontario is Third Eye Capital Corporation v. Ressources Dianor Inc./Dianor Resources Inc. Overview On June 19, 2019 the Court of Appeal released its decision in Dianor upholding the jurisdiction of the courts to grant vesting orders impairing third…

Competition Chronicle

SUMMER HAS ARRIVED: FASKEN’S 2019 MID-YEAR REVIEW OF TOP ANTITRUST/COMPETITION AND MARKETING TRENDS

By Competition Group on July 8, 2019

The front half of 2019 has seen a number of important competition law developments in Canada. In addition to a new Commissioner, a different procedural approach to the efficiencies defence in merger review and an increased focus on the digital economy, there have also been a number of consent agreements in the deceptive marketing space and we eagerly anticipate the Competition Tribunal’s expected guidance on abuse of dominance matters. In a landscape of increased enforcement,…

Timely Disclosure

Alive and Kik-ing: Kik Interactive Faces SEC Action but Vows to Fight Back

By Daniel Fuke & Julie He on July 3, 2019

On June 4, 2019, the US Securities and Exchange Commission (SEC) sued Kik Interactive Inc. (Kik), a privately-held Canadian corporation based in Waterloo, Ontario, for conducting an unregistered securities offering of its digital token “Kin” in violation of section 5 of the Securities Act of 1933. The SEC is seeking a permanent injunction, disgorgement of ill-gotten gains, and civil penalties against Kik. Kik’s offering was structured as an initial coin offering (ICO), a novel style …

Competition Chronicle

Influencer Marketing: A Changing Landscape for the Regulation of Deceptive Marketing in Canada

By Anastasia Reklitis & Timothy Law on June 27, 2019

In recent years, advertisers have increasingly established commercial relationships with online personalities or “influencers”, who market their products through various digital platforms and social media. The prevalence of “influencer marketing” has become an emerging frontier for the regulation of deceptive marketing in Canada and abroad. Digital Marketing in Canada In Canada, issues regarding misleading representations and deceptive marketing are covered under the Competition Act. If a representation may influence a consumer to buy or use…

Fasken Martineau DuMoulin LLP

Fasken Martineau DuMoulin LLP Blogs

Blog Authors

Agreement Amongst Competition Authorities of the G7 Countries on the Digital Economy

Mitigating the Risk of Pre-Closing Information Exchanges

Interaction Between Privacy and Competition Law in a Digital Economy

Mixed Reaction to Grocery Retail Market Inquiry’s Preliminary Findings

Competition Bureau Releases Draft Model Timing Agreement

US DOJ Policy Shift Highlighting Importance of Corporate Compliance Programs

Dianor Resolved – Jurisdiction to Vest Off Interests in Land in Receivership Upheld, but GORs Hard to Impair

SUMMER HAS ARRIVED: FASKEN’S 2019 MID-YEAR REVIEW OF TOP ANTITRUST/COMPETITION AND MARKETING TRENDS

Alive and Kik-ing: Kik Interactive Faces SEC Action but Vows to Fight Back

Influencer Marketing: A Changing Landscape for the Regulation of Deceptive Marketing in Canada

Company

Support

New to the Network

Fasken Martineau DuMoulin LLP Blogs

Blog Authors

Latest from Fasken Martineau DuMoulin LLP