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News and discussion on implementing risk management

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Competition Act

Competition Bureau releases big data white paper for public comment

The white paper provides useful initial guidance on how the Bureau may apply the existing framework under the Act to various competition considerations related to big data and algorithms that have been examined so far.

 

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CASL’s private right of action for Competition Act reviewable conduct

While much has been written about the impending CASL private rights of action, less has been said about the new private right of action CASL will tack on to the Competition Act for misrepresentations in electronic messages.

 

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Canadian Competition Bureau releases significant updates to its IP Enforcement Guidelines

On March 31, 2016, the Competition Bureau released revised Intellectual Property Enforcement Guidelines (IPEGs). These IPEGs reflect incremental changes to the draft version released for consultation last year. Most notably the new IPEGs provide further guidance on (i) pharmaceutical patent litigation settlements, (ii) product switching (also known as “product hopping”), (iii) collaborative standard setting and standard essential patents, and (iv) patent assertion entities.

 

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New merger review thresholds for Competition Act and Investment Canada Act

The threshold for certain pre-closing net benefit reviews under the Investment Canada Act (ICA) and the threshold for a pre-closing merger notification under the Competition Act have been increased for 2016. Competition Act Canada uses a two-part test for determining whether a pre-merger notification is necessary. The two-part test is based on the size of […]

 

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Criminal charges suspended in one of Canada’s longest price-fixing investigations

The Competition Bureau announced that the Public Prosecution Service of Canada has entered a stay of proceedings against four key targets, in one of the Bureau’s most labour-intensive, criminal investigations to date.

 

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Changes to the government of Canada’s procurement policies

On July 3, 2015, Public Works and Government Services Canada (PWGSC) announced a new government-wide integrity regime for procurement and real property transactions. While the spirit of PWGSC’s “Ineligibility and Suspension Policy” is consistent with previous iterations of the federal government’s procurement practices, the contents of this policy are notably different.

 

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Supreme Court of Canada issues landmark merger and efficiencies decision

The Supreme Court of Canada released its long awaited decision in Tervita Corporation et al v. Commissioner of Competition. In a 6-1 decision, the SCC allowed Tervita’s appeal and set aside the divestiture order made by the Competition Tribunal and upheld by the Federal Court of Appeal (FCA). The SCC agreed with the FCA’s conclusion that the merger would likely result in a substantial prevention of competition, but overruled the conclusions of the Tribunal and the FCA that the merger was not saved by the efficiencies defence.

 

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Cross-border price discrimination: Increased powers for the commissioner of competition

On December 9, 2014, new legislation, referred to as the Price Transparency Act, was tabled in Parliament to target “unjustified” cross-border price discrimination.

 

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Antitrust advisory: Top 10 dos and don’ts for when competition enforcers knock on your door

Search warrants have been a longstanding tool in the Competition Bureau’s arsenal, and domestic and international “dawn raids” are standard in almost all significant cartel investigations.

 

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Antitrust advisory: Dos and don’ts for communications with competitors

There are a variety of circumstances in which company representatives may find themselves communicating with their competitors, including:

 

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CASL “take 2”: New provisions coming for January 2015

Author: Xavier Beauchamp-Tremblay, Norton Rose Fulbright LLP The entry into force of the first group of provisions of Canada’s anti-spam act [1] (CASL) on July 1, 2014, (the Spam Provisions) generated considerable attention. Now that businesses have (hopefully) determined and deployed their compliance strategy for the Spam Provisions, another set of articles from CASL is […]

 

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Supreme Court recalls broad principles regarding the disclosure of evidence held by a third party in Quebec civil law

By Martin F. Sheehan and Nikolas Blanchette The civil law has recognized for some time that a party to a telephone conversation can record the conversation and use it in connection with civil litigation unless the use of such evidence would tend to bring the administration of justice into disrepute [1]. It is also recognized […]

 

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Competition bureau publishes draft guidelines for the production of electronically stored information

On August 26, 2014, the Competition Bureau published draft Guidelines for the Production of Electronically Stored Information for public consultation.

 

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Section 69(2) of the Competition Act ruled unconstitutional in R. v. Durward

On June 27, 2013, Madam Justice B.B. Warkentin of the Ontario Superior Court of Justice held that section 69(2) of the Competition Act violates sections 7 and 11(d) of the Canadian Charter of Rights and Freedoms when applied in criminal proceedings.

 

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