Archive for the 'Mergers' Category
June 14, 2010
CONSPIRACY / CARTELS
Recent Speech by Canada’s Commissioner of Competition Indicates Tougher Enforcement Stance Against Criminal Cartels
In a recent speech by Canada’s new Commissioner of Competition to the Canadian Bar Association’s Spring Competition Law Conference, the Commissioner outlined some of the Competition Bureau’s current enforcement and policy priorities following the recent significant amendments to Canada’s competition law. The Commissioner’s remarks included a number of comments regarding the Competition Bureau’s (the “Bureau”) enforcement policy in relation to the new criminal conspiracy rules, enforcement priorities, the Bureau’s new sentencing and leniency policies and, of particular note, indicating that the Bureau wants to take a tougher stance against criminal cartels (including seeking increased penalties against individuals involved in criminal cartel conduct). For more see: Recent Speech by Canada’s Commissioner of Competition Indicates Tougher Enforcement Stance Against Criminal Cartels.
June 3, 2010
On June 2, 2010 the Competition Bureau (the “Bureau”) published its new Policy on Hostile Transactions (the “Hostile Bid Policy”). According to the Bureau, the Hostile Bid Policy “describes the Bureau’s general approach to communicating information to a bidder and target during the course [of a merger review by the Bureau].”
June 1, 2010
On May 31, 2010, the Competition Bureau issued its new Merger Review Performance Report (the “Merger Report”). The Bureau’s new Merger Report provides an update on the performance of the Bureau’s Mergers Branch since its last report was issued in 2007.
May 31, 2010
The Competition Bureau (the “Bureau”) announced today that it was seeking public comments on its new draft Fee and Service Standards Handbook for Merger-Related Matters (the “Fee Handbook”).
April 26, 2010
OVERVIEW OF CANADIAN COMPETITION LAW
“The statute proceeds upon the footing that the preventing or lessening of competition is in itself an injury to the public. It is not concerned with public injury or public benefit from any other standpoint.”
(Howard Smith Paper Mills Ltd. v. The Queen, [1957] S.C.R. 403)
March 21, 2010
The pre-merger notification provisions of the Competition Act (the “Act”) require both parties to specified types of transactions that exceed the statutory monetary thresholds under the Act to file pre-merger notification filings with the federal Competition Bureau (the “Bureau”).
January 14, 2010
Significant amendments were recently made to Canada’s federal Competition Act (the “Act”) including the introduction of a new U.S.-style two-stage merger control regime. This update discusses Canada’s new merger control rules and their impact on domestic and cross-border transactions.
November 9, 2009
CANADIAN COMPETITION ACT AMENDMENTS
Earlier this year, sweeping amendments were made to Canada’s Competition Act (the “Act”). The recent amendments were the most significant in twenty-five years. While most of the changes are now in effect, some of the amendments, including to the criminal conspiracy provisions, will come into effect in March next year.
Templates/precedents and checklists to run promotional contests in Canada
Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)
