Archive for the 'Mergers' Category
May 25, 2018
Practical Law Canada Competition has published a new Legal Update, which discusses the recent decision by the Canadian Government to block the proposed takeover of Canadian construction firm Aecon by China’s CCCI on national security grounds under the federal Investment Canada Act. Below is an excerpt with a link to the full Update.
May 15, 2017
The Canadian Bar Association is hosting its annual CBA Competition Law Spring Conference in Toronto on May 25, 2017 (Chaired by Nikiforos Iatrou).
April 13, 2017
The Competition Bureau (Bureau) recently launched the first in a series of eight blog posts on the Canada Business Network on competition law compliance programs (see: Our Best Recipe for Competition Law Compliance Programs!).
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.
Guest post by John Bodrug & Anita Banicevic
Davies Ward Phillips & Vineberg LLP
July 1, 2016
On June 28, 2016, Canada’s Competition Bureau announced that it had cleared Superior Plus Corporation’s acquisition of Canexus Corporation despite the Bureau’s conclusion that the transaction “would likely result in a substantial lessening of competition for the supply of various industrial chemical products in Canada”. The Bureau attributed its decision to the unique availability of the efficiencies defence under section 96 of the Competition Act (which provides that a merger cannot be prohibited when the expected efficiency gains outweigh the likely anti-competitive effects of the transaction). The day before the Bureau’s announcement, the Federal Trade Commission (FTC) announced that it is challenging the transaction because it would “significantly reduce competition in the North American market for sodium chlorate”. Despite the disparate outcomes, these announcements and actions highlight not only the availability of the efficiencies defence in Canada, but also the increased level of coordination and cooperation between the Bureau and its U.S. antitrust counterparts in cross-border mergers.
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?
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.
January 23, 2015
Guest post by Mark Nicholson, Kelley McKinnon,
Davit Akman & Zoe Pallare (Gowlings)
On Jan. 22, 2015, the Supreme Court of Canada released the long anticipated decision in Tervita Corp. v. Canada (Commissioner of Competition) in which it considered, for the first time, the analytical framework for prevention of competition cases and the statutory efficiency defence.
Templates/precedents and checklists to run promotional contests in Canada
Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)
