September 16, 2016
Practical Law Canada – Competition has published a new Legal Update discussing the International Competition Network’s (ICN) Merger Remedies Guide. Below is an excerpt with a link to the full Update.
Featured Update
Practical Law Canada Competition
On September 2, 2016, the International Competition Network (ICN), comprised of leading competition authorities around the world, published its Merger Remedies Guide (Guide). Canada’s Competition Bureau co-chairs the working group that prepared the Guide.
The Guide represents the leading international statement of best practices regarding merger remedies and will serve as a valuable resource to help businesses in Canada understand the types of remedies that may be sought by the Competition Bureau in reviewing mergers and acquisitions. It will be particularly relevant in cross-border and international transactions, as the Guide highlights how competition regulators should best coordinate their remedies.
Practical Law Canada Competition
Background
Where the Competition Bureau reviews a merger in Canada and assesses that it is likely to prevent or lessen competition substantially, it may seek a remedy pursuant to the Competition Act, R.S.C. 1985, c. C-34 (Competition Act). For a discussion of substantive merger review, see Practice Note, Substantive Merger Review: Overview.
In most cases, remedies are reached by consent and registered with the Competition Tribunal in the form of a consent agreement. Where consent is not reached, the Bureau may seek a remedy through contested proceedings before the Tribunal. For a discussion of merger remedies, see Practice Note, Merger Remedies.
The Bureau’s approach to remedies, whether on consent or through contested proceedings, was set out in 2006 in the Bureau’s Information Bulletin on Merger Remedies in Canada (Bulletin). While this document remains relevant, it does not incorporate the more recent experience over the past decade, nor does it have the international scope of the ICN’s Guide. Consequently, competition lawyers and practitioners in Canada are well advised to consider this new ICN Guide in addition to the Bureau’s Bulletin in assessing remedies that may be required. Moreover, the Bureau’s leadership role in developing the Guide reinforces that it takes into account the Bureau’s latest thinking on merger remedies. (…)
For the full Featured Update, see: International Competition Network Publishes Merger Remedies Guide.
********************
SERVICES AND CONTACT
We are a Toronto based competition and advertising law firm offering business and individual clients efficient and strategic advice in relation to competition/antitrust, advertising, Internet and new media law and contest law. We also offer competition and regulatory law compliance, education and policy services to companies, trade and professional associations and government agencies.
Our experience includes advising clients in Toronto, across Canada and the United States on the application of Canadian competition and regulatory laws and we have worked on hundreds of domestic and cross-border competition, advertising and marketing, promotional contest (sweepstakes), conspiracy (cartel), abuse of dominance, compliance, refusal to deal and pricing and distribution matters. For more information about our competition and advertising law services see: competition law services.
To contact us about a potential legal matter, see: contact
For more information about our firm, visit our website: Competitionlawyer.ca
Templates/precedents and checklists to run promotional contests in Canada
Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)
