Fasken Martineau DuMoulin LLP

Blair’s and FCL: a Refresher on Vertical Mergers

By Robin Spillette, Rachel Wong & Chris Margison

September 15, 2021

It is widely recognized and accepted that vertical mergers are generally pro-competitive or benign. For example, the Competition Bureau (the “Bureau”) has stated in its Merger Enforcement Guidelines (the “MEGs”) that vertical mergers “may not entail the loss of competition between the merging firms in a relevant market” and “frequently create significant efficiencies”, such as efficiencies related to quality improvements, increased innovation, the creation of maverick firms and the elimination of double-marginalization (or double markups…

Competition chronicle

How will the outcome of the 2021 Federal Election impact Competition Law in Canada?

By Justine Reisler

September 13, 2021

On September 20, 2021, Canadians will head to the polls to elect a new House of Commons. All of Canada’s major political parties have released political platforms which outline their plans to revise and, at least in their view, improve Canadian competition law and policy. Depending on which party is ultimately elected (and whether they win a majority), competition law in Canada may see some significant changes, including more serious penalties for existing offences and…

Competition chronicle

Interim Relief Denied – Takeaways from the Secure/Tervita Section 104 Decision

By Chris Margison & Robin Spillette

August 26, 2021

On August 16, 2021, the Competition Tribunal (the “Tribunal”) dismissed the Commissioner of Competition’s (the “Commissioner”) request for interim relief in connection with the recently-completed merger of SECURE Energy Services Inc. (“Secure”) and Tervita Corporation (“Tevita”) (the “Transaction”). In summary, in its decision made public on August 23, 2021, the Tribunal found that the Commissioner had failed to provide clear and non-speculative evidence quantifying the harm likely to arise from the Transaction, as required by…

Competition chronicle

New Industry Standard for Advertising Food and Beverage Products to Children

By Dara Jospé & Nicolas Charest

August 12, 2021

The Association of Canadian Advertisers (ACA), the Canadian Beverage Association (CBA), Food, Health & Consumer Products of Canada (FHCP) and Restaurants Canada recently published the Code for the Responsible Advertising of Food and Beverage Products to Children (the “Code”). The Code, and its accompanying Guide for the Responsible Advertising of Food and Beverage Products to Children (the “Guide”) expand upon the legislative and self-regulatory regimes that already exist in Canada by setting out the conditions…

Timely disclosure

CSA to Combine IIROC and MFDA in a Single Self-Regulatory Organization

By Brad Moore & Montana Licari

August 11, 2021

Introduction On August 3, 2021, the Canadian Securities Administrators (CSA) announced their plan to “consolidate the functions” of the Investment Industry Regulatory Organization of Canada (IIROC) and the Mutual Fund Dealers Association of Canada (MFDA). The consolidation will create a new single self-regulatory organization (New SRO) with the goal of providing enhanced regulation of the investment industry. The CSA will also consolidate the two existing investor protection funds into a single protection fund independent from…

Competition chronicle

National Security Reviews Continue to Impact Investments by Non-Canadians

By Douglas C. New

August 9, 2021

The Director of Investments recently issued his Investment Canada Act Annual Report for the fiscal year ended March 31, 2020. During that fiscal year, a total of 1,032 applications for review and notifications were certified under the Investment Canada Act, being an all time high for such filings. Of these filings, 255 were in respect of proposals to establish new businesses in Canada. The balance of the filings were in respect of foreign acquisitions of…

Timely disclosure

Canadian Securities Administrators Propose New Prospectus Exemption for Listed Issuers

By Andrea Chabot

August 4, 2021

The Canadian Securities Administrators (CSA) published for a 90 day comment period proposed amendments to National Instrument 45-106 Prospectus Exemptions and CSA Staff Notice (NI 45-106), National Instrument 13-101 System for Electronic Document Analysis and Retrieval (NI 13-101) and National Instrument 45-102 Resale of Securities (NI 45-102) to introduce a new capital raising exemption for reporting issuers that are listed on a Canadian stock exchange (Listed Issuer Financing Exemption).…

Competition chronicle

Federal Court Decision Clarifies Scope of Competition Act Conspiracy Provisions

By Leslie J. Milton

July 20, 2021

The recent Kobe Mohr v. National Hockey League[1] decision of the Federal Court (the “Decision”) provides important jurisprudential guidance on the application of sections 45 and 48 of the Competition Act (the “Act”). These provisions prohibit naked anti-competitive conspiracies and conspiracies relating participation in professional sports respectively.…

Competition chronicle

Competition Tribunal Dismisses Request for Interim, Interim Order

By Chris Margison & Justine Reisler

July 12, 2021

On July 1, 2021, the Competition Tribunal (the “Tribunal”) ruled that it does not have the power to issue “interim, interim orders” in the context of a proposed merger of two companies in the midstream infrastructure and environmental solutions space. Rather, the Tribunal found that, in the case of mergers, interim relief is limited to that expressly provided for by sections 100 and 104 of the Competition Act (the “Act”).…

Competition chronicle

Competition Tribunal Dismisses Request for Interim, Interim Order

By Chris Margison & Justine Reisler

July 12, 2021

Fasken Martineau DuMoulin LLP

Fasken Martineau DuMoulin LLP Blogs

Blog Authors

Blair’s and FCL: a Refresher on Vertical Mergers

How will the outcome of the 2021 Federal Election impact Competition Law in Canada?

Interim Relief Denied – Takeaways from the Secure/Tervita Section 104 Decision

New Industry Standard for Advertising Food and Beverage Products to Children

CSA to Combine IIROC and MFDA in a Single Self-Regulatory Organization

National Security Reviews Continue to Impact Investments by Non-Canadians

Canadian Securities Administrators Propose New Prospectus Exemption for Listed Issuers

Federal Court Decision Clarifies Scope of Competition Act Conspiracy Provisions

Competition Tribunal Dismisses Request for Interim, Interim Order

Competition Tribunal Dismisses Request for Interim, Interim Order

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