AUG-10(2)

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 […]

This article is part of a Chronicle. See more from this Chronicle Top Ten Points to Know When Resolving Global Antitrust Cases in Canada

Graham Reynolds, Aug 31, 2010 As one of the leading international antitrust regulators, Canada’s Competition Bureau (“Bureau”) undertakes many multinational investigations, most commonly in coordination with other regulators. Where parties under investigation are seeking to resolve their global antitrust liability, Canada’s Competition Bureau is often one of the jurisdictions they will approach.  Processes in Canada […]

Canada’s Draft Service Standards for Merger Review: Plus Change, Plus C’est La me Chose?

Sandy Walker, Aug 31, 2010 Canada’s merger review process has always suffered from schizophrenia. Unlike in the EU and United States, the timeline for the substantive merger review process has never been aligned with the statutory waiting periods. Absent an injunction, once the statutory waiting periods have expired, the parties are free to close a […]

Private Competition Litigation in Canada

Davit Akman, Adam Fanaki, Mark Katz, Aug 31, 2010 Private competition litigation, particularly class action litigation, is an area of growing importance in Canada. In recent years, private actions have played an increasingly prominent role in the enforcement of competition law in Canada. The Canadian regime incorporates many elements of U.S. private antitrust litigation, while […]

International Cooperation in a New Era of Canadian Cartel Enforcement

Lindsay Donders, Aug 31, 2010 In today’s globalized economy, it is essential that competition enforcement transcend national boundaries to protect the benefits of competitive and honest markets. The borderless workplace for competition enforcers has prompted the Canadian Competition Bureau (the “Bureau”) to engage in a broad array of activities to encourage increased collaboration within a […]

Canada Enacts Significant Changes to its Foreign Investment Laws

Jonathan Gilhen, Catherine Pawluch, Kevin Wright, Aug 30, 2010 A foreigner considering an investment in Canada might understandably be overwhelmed (and potentially deterred) by the complex regulatory framework governing the potential investment. In addition to the myriad of sector-specific restrictions on foreign ownership, such investments may also be subject to review under the Competition Act […]

The CREA Abuse of Dominance Case: Competition Bureau Challenges Organized Real Estate in Canada

Steve Szentesi, Aug 31, 2010 On February 8, 2010, the Canadian Competition Bureau (the “Bureau”) filed an abuse of dominance application against one of Canada’s largest single industry trade associations-The Canadian Real Estate Association (“CREA”). According to the Bureau, CREA has used rules, under which it licenses its MLS® trade-mark and related marks to member […]