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Excerpt from Featured Update
Practical Law Canada Competition

May 13, 2016

On May 10, 2016, the Competition Tribunal (Tribunal) released its full reasons in the landmark Toronto Real Estate Board (TREB) abuse of dominance case (The Commissioner of Competition v. The Toronto Real Estate Board, 2016 Comp. Trib. 7 (Competition Trib.)). This decision is the culmination of five years of litigation, including a Federal Court of Appeal decision that redefined and expanded the law of abuse of dominance in Canada. For more information about abuse of dominance, see Practice Note, Abuse of Dominance (Sections 78 and 79 of the Competition Act).

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May 7, 2016

Guest post by Richard Elliott
Member of the Ontario and New York bars

Canada’s Commissioner of Competition (Commissioner) and Parkland Fuel Corporation (Parkland) recently settled their outstanding merger proceedings before the Competition Tribunal (Tribunal) in respect of Parkland’s acquisition of Pioneer Energy (the “Parkland” case).[1] Since the case did not proceed to a final decision on the merits, this note considers an unresolved issue emanating from the interim injunction decision in Parkland: Does the wealth transfer from consumers to producers in an anticompetitive merger constitute harm in merger review under Canada’s Competition Act?

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January 6, 2016

On December 30, 2015, Telus agreed to a $7.3 million settlement with the Competition Bureau (“Bureau”) as part of the Bureau’s ongoing case against major Canadian telecoms for allegedly misleading advertisements for premium text messages in pop-up ads, apps and in social media. See: Telus customers to receive $7.34 million in rebates as part of Competition Bureau agreement. For a copy of the consent agreement see: here.

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January 5, 2016

I am pleased to be a guest speaker at the CSAE (Canadian Society of Association Executives) Trillium Chapter’s 2016 Winter Summit in Burlington on February 4th.  I will be co-presenting an interactive seminar on the Competition Bureau’s new approach to competition compliance for associations together with Mark Katz (Davies Ward Phillips & Vineberg LLP) and Nadia Brault, Director of Compliance at the Competition Bureau’s Competition Promotion Branch.

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July 6, 2015

Last week the Canadian federal government announced a new and less strict Integrity Regime for suppliers doing business with federal government departments and agencies. Public Works and Government Services Canada (PWGSC) initially introduced an Integrity Framework in 2012.

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July 5, 2015

I currently have no dog in the ongoing local (and growing global) cab and ride-sharing application competition fight. I don’t act for any taxi company or ride-sharing firm. I do, however, as a competition lawyer and citizen, strongly support competition and undistorted markets.

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June 18, 2015

On June 3, 2015, the Canadian Competition Bureau (Bureau) finalized its new core competition law compliance materials. They are essential reading for corporate compliance officers, senior management and in-house counsel.

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June 11, 2015

The Canadian Competition Bureau has been increasing its advocacy, outreach and compliance efforts since the (relatively) new Commissioner of Competition (John Pecman) took office.

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    buy-contest-form Templates/precedents and checklists to run promotional contests in Canada

    buy-contest-form Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)

    WELCOME TO CANADIAN COMPETITION LAW! - OUR COMPETITION BLOG

    We are a Toronto based competition, advertising and regulatory law firm.

    We offer business, association, government and other clients in Toronto, Canada and internationally efficient and strategic advice in relation to Canadian competition, advertising, regulatory and new media laws. We also offer compliance, education and policy services.

    Our experience includes more than 20 years advising companies, trade and professional associations, governments and other clients in relation to competition, advertising and marketing, promotional contest, cartel, abuse of dominance, competition compliance, refusal to deal and pricing and distribution law matters.

    Our representative work includes filing and defending against Competition Bureau complaints, legal opinions and advice, competition, CASL and advertising compliance programs and strategy in competition and regulatory law matters.

    We have also written and helped develop many competition and advertising law related industry resources including compliance programs, acting as subject matter experts for online and in-person industry compliance courses and Steve Szentesi as Lawyer Editor for Practical Law Canada Competition.

    For more about us, visit our website: here.