Guest post by Nick Hollinger
tbk Creative
July 15, 2016
It’s common knowledge that any organization can – and should – set up free social media accounts to start organically reaching individuals without spending a dime. So, that’s all businesses can do with social media, right? Wrong.
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.
Excerpt from Featured Update
Practical Law Canada Competition
June 20, 2016
This update discusses the Competition Tribunal’s recent Kobo decision, which clarifies the substantive requirements for consent agreements. This update also discusses the Competition Bureau’s increased bid-rigging enforcement and awareness efforts.
May 27, 2016
Earlier today, the Competition Bureau (Bureau) announced two final settlements in its four-year year litigation against Canada’s major telecoms and the Canadian Wireless Telecommunications Association (CWTA). See: Bell customers to receive up to $11.82 million as part of Competition Bureau agreement.
May 26, 2016
Steve Szentesi & Mark Warner
Earlier today, the Globe and Mail reported that the Canadian Competition Bureau (Bureau) has launched a widespread criminal investigation into the condominium renovation industry in Ontario. See: here. According to the Globe, the focus of the Bureau’s investigation appears to be potential criminal conspiracy and bid-rigging in the provision of renovation services to condominiums from 2006-2014 with more than 100 condominium boards being compelled to produce records.
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).
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?
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.
Templates/precedents and checklists to run promotional contests in Canada
Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)
