In this issue:
This issue, organized by guest editor Mark Katz, is dedicated to developments in Canadian competition law and policy. It is a little known fact that Canada enacted its first competition legislation one year before the U.S. Sherman Act became law. But it is certainly widely recognized that Canada is now one of the world’s pre-eminent jurisdictions in competition law enforcement. The articles in this issue focus on the main pillars of Canadian competition law. Davit Akman, Adam Fanaki, & Mark Katz discuss how Canadian law is now more friendly to competition class actions; Lindsay Donders of the Competition Bureau offers a perspective on the Bureau’s participation in global enforcement efforts against cartels; Catherine Pawluch, Kevin Wright, & Jonathan Gilhen summarize recent developments in the related—and very important—area of foreign investment law, while Graham Reynolds provides helpful pointers on resolving global cartel cases in Canada. On a related topic, Steve Szentesi discusses the proceedings against one of Canada’s largest industry trade associations, the Canadian Real Estate Association, for alleged abuse of dominance. Finally, Sandra Walker writes about proposed changes to the Canadian Competition Bureau’s process for reviewing mergers.
The Canadian system may provide some useful lessons for those jurisdictions contemplating a move towards increased private litigation, Davit Akman, Adam Fanaki, & Mark Katz (Davies Ward)
International Cooperation in a New Era of Canadian Cartel Enforcement, Lindsay Donders (Canadian Competition Bureau)
A foreigner considering an investment in Canada might understandably be overwhelmed (and potentially deterred) by the complex regulatory framework governing the potential investment. Catherine A. Pawluch, Kevin Wright, & Jonathan Gilhen (Davis LLP)
Processes in Canada are similar to, but have important distinctions from, case resolution practices in other jurisdictions. Graham Reynolds, Q.C. (Osler, Hoskin & Harcourt)
Regardless of the outcome, the CREA case will be an important and needed addition to the small universe of Canadian abuse cases, Steve Szentesi (Norton Stewart)
On balance, however, the draft Handbook represents a missed opportunity to move the trade-off between predictability and flexibility towards the former, Sandra Walker (Fraser Milner Casgrain)