Archive for August, 2010
August 23, 2010
By Derek Ireland
There are some useful parallels between the competition policy and law experience of Canada and the competition policy and law challenges now being faced by smaller developing and transition economies as well as other developing countries with small and fragmented markets that have recently adopted and started to enforce a modern competition law. Canada compared with our closest neighbour the United States has a small market and developed its modern industrial base and fully opened its market to foreign trade and investment much later than our much larger neighbour. Canada passed its first competition statute in 1889 which is one year earlier than the Sherman Act in the United States, but enforcement of the Canadian law was limited for nearly one hundred years. Canada in many ways had to “start from scratch” when the Canadian Competition Bureau began enforcement of the modern Competition Act of 1986.
August 22, 2010
What is “Misleading Advertising”?
The federal Competition Act contains criminal and civil provisions that prohibit false or misleading representations and deceptive marketing practices. These are frequently referred to as the “misleading advertising” provisions of the Act.
August 20, 2010
On August 19, 2010, the United States Department of Justice and Federal Trade Commission issued their new Horizontal Merger Guidelines, which were issued in draft last April for public comment.
August 19, 2010
From our friends at the leading Indian firm Luthra & Luthra.
Merger control
The provisions relating to regulations of combinations (which includes acquiring of shares, voting rights, assets or merger/amalgamation- it can be broadly referred to as ‘merger control’) have not yet been made effective by the Government of India. Till a month ago, the media reports indicated that the Government may promulgate an Ordinance by the President. Of late, it is being contemplated that the Government instead of an ordinance, will now move a Competition Amendment Bill shortly in the Parliament in order to address concerns relating to timelines of clearance of the notifiable transactions and also to provide additional filter of local nexus for a transaction to make the provisions applicable. These clearly indicate that M & As provisions will take some more time before they come into force.
August 18, 2010
Recent Investment Canada Act Amendments
Significant changes were recent made to Canada’s foreign investment regime. The recent changes coincide with sweeping amendments to the federal Competition Act, including significant changes to Canada’s merger control regime.
August 16, 2010
What is the scope of Canada’s new conspiracy regime?
Canada now has three new criminal conspiracy offences for “hard core” cartel conduct, making bare price fixing, market allocation and supply restriction agreements per se illegal – i.e., without the necessity of establishing any anti-competitive effects on a relevant market (or markets). At the same time, a second civil provision has come into force under which other commercial agreements (i.e., agreements that do not fall within the scope of the new criminal offences) may be subject to review, where they prevent or lessen competition substantially.
August 15, 2010
The Competition Bureau announced August 13ththat it would not challenge Shaw Communication Inc.’s proposed acquisition of the specialty television and over-the-air businesses of Canwest Global Communications Corp. Shaw is a broadcast distribution undertaking, its affiliate (Corus Entertainment) is a broadcasting company and Canwest owns and operates an over-the-air television network (as well as a portfolio of specialty television channels).
August 13, 2010
The Competition Bureau has announced that divestitures have been agreed to in the recent Novartis/Alcon transaction, and that it has reached an agreement with Novartis AG to resolve competition issues associated with its proposed acquisition of Alcon, Inc.
Templates/precedents and checklists to run promotional contests in Canada
Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)
