Insights Post

Competition Chronicle

Welcome to Fasken’s Competition, Antitrust and Foreign Investment Blog. Competition Chronicle strives to provide timely news, commentary and insight on recent rulings and current and developing trends.
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Overview

Fasken is a leading international business law and litigation firm. Tracing our roots back to the mid-1800s, our firm was founded through the merger of three regional Canadian icons in 2000. Today we have ten offices with over 950 lawyers across Canada, the UK and South Africa.

Our lawyers consistently receive accolades worldwide and earn hundreds of rankings each year from prestigious business and legal publications such as Chambers & Partners, International Financial Law Review (IFLR), The International Who’s Who of Business Lawyers, Canadian Legal Lexpert Directory, Legal 500 and others.

While we take pride in each of these acknowledgements, we take our greatest satisfaction from our clients who continue to entrust us with their most pressing matters. We aim to see legal issues in the context of our clients’ broader business issues. We have created a firm that is nimble, entrepreneurial and responsive to the global pressures facing our clients. Our success depends on the success of our clients.

We operate in English and French in civil law and common law jurisdictions worldwide.

Visit our website for current deals and cases and up-to-date rankings.

 

Antitrust Issues

  • Antitrust Issues in Canadian Private Equity, 3/15/2024
cityscape at night Blog Post Antitrust Issues in Canadian Private Equity What antitrust scrutiny can U.S. private equity expect in Canada?  Numerous recent proceedings by the U.S. Federal Trade Commission and Department of Justice have made antitrust issues top of mind for U.S. private equity (PE).  Given the frequent investment by U.S. Read more

Foreign Investment

  • Government of Canada Raises Net Benefit Review Thresholds for 2025, 1/20/2025
  • Canada Threatens to Challenge SRG Proposed Redomiciling Plan Removing the Need for Investment Canada Review, 4/5/2024
  • Canada to Subject Interactive Digital Media Investments to Enhanced Scrutiny, 3/8/2024
cityscape at night Blog Post Government of Canada Raises Net Benefit Review Thresholds for 2025 Under the Investment Canada Act (“ICA”), non-Canadians who acquire control of a Canadian business that exceeds the applicable prescribed thresholds must submit an application for review and obtain Ministerial approval for the acquisition on the basis that the investment is of net benefit to Canada. Read more
cityscape at night Blog Post Canada Threatens to Challenge SRG Proposed Redomiciling Plan Removing the Need for Investment Canada Review On March 4, 2024, while attending the 2024 Prospectors & Developers Association of Canada’s annual convention, Canada’s Minister of Innovation, Science and Industry[1], François-Philippe Champagne, received a question about Québec-based SRG Mining Inc.’s (“SRG”) proposed plan to redomicile to the United Arab Emirates after agreeing to sell 19. Read more
cityscape at night Blog Post Canada to Subject Interactive Digital Media Investments to Enhanced Scrutiny On March 1, 2024, the Government of Canada unveiled two new foreign investment policies relating to the interactive digital media sector: one relating to national security reviews and the other to cultural investment reviews. Read more

National Security

  • The National Security Review of Investments Modernization Act Receives Royal Assent, 3/28/2024
cityscape at night Blog Post The National Security Review of Investments Modernization Act Receives Royal Assent On March 22, 2024, Bill C-34 received royal assent, becoming the National Security Review of Investments Modernization Act. Read more

Series – The Evolving Competition Law Landscape in Canada

  • Series – The Evolving Competition Law Landscape in Canada: Part 1 – Abuse of Dominance, 6/25/2024
  • Series – The Evolving Competition Law Landscape in Canada: Part 2 – Merger Review, 6/28/2024
  • Series – The Evolving Competition Law Landscape in Canada: Part 3 – Cartels, Agreements and Collaboration, 7/3/2024
cityscape at night Blog Post Series – The Evolving Competition Law Landscape in Canada: Part 1 – Abuse of Dominance Abuse of Dominance – Where Are We Now? Recognizing the critical role of the Competition Act (the “Act”) in promoting dynamic and fair markets, Canada’s Minister of Innovation, Science and Industry, the Honourable François-Philippe Champagne, announced on February 7, 2022 that he would carefully consider ways to modernize and improve its operation. Read more
cityscape at night Blog Post Series – The Evolving Competition Law Landscape in Canada: Part 2 – Merger Review Merger Review – Where Are We Now? Recognizing the critical role of the Competition Act (the “Act”) in promoting dynamic and fair markets, Canada’s Minister of Innovation, Science and Industry, the Honourable François-Philippe Champagne, announced on February 7, 2022 that he would carefully consider ways to modernize and improve its operation. Read more
cityscape at night Blog Post Series – The Evolving Competition Law Landscape in Canada: Part 3 – Cartels, Agreements and Collaboration Cartels, Agreements and Collaboration – Where Are We Now? Recognizing the critical role of the Competition Act (the “Act”) in promoting dynamic and fair markets, Canada’s Minister of Innovation, Science and Industry, the Honourable François-Philippe Champagne, announced on February 7, 2022 that he would carefully consider ways to modernize and improve its operation. Read more

Abuse of Dominance

Examinations of cases and guidelines related to dominant market positions, focusing on practices that may hinder competition.
  • BILL C-59 RECEIVES ROYAL ASSENT, 6/21/2024
  • Competition Bureau Outlines Preliminary Enforcement Approach on Competitor Property Controls, 8/29/2024
  • When Jeff Sessions Talks About Marijuana, the Canadian Securities Administrators Listen, 1/18/2018
cityscape at night Blog Post BILL C-59 RECEIVES ROYAL ASSENT The Evolving Competition Law Landscape in Canada – Where Are We Now and What’s Next? The final (and most significant) legislative bill in Canada’s current competition law reform process – Bill C-59 –  received royal assent on June 20, 2024. Read more
cityscape at night Blog Post Competition Bureau Outlines Preliminary Enforcement Approach on Competitor Property Controls The Competition Bureau (the “Bureau”) recently published interim guidance (the “Guidance”) outlining its preliminary enforcement approach to competitor property controls under the Competition Act (the “Act”). The Guidance was published after Parliament’s recent amendments to the Act in Bill C-59 and Bill C-56 expanded the scope of the civil collaboration and abuse of dominance provisions. Read more
handshake deal Blog Post When Jeff Sessions Talks About Marijuana, the Canadian Securities Administrators Listen As noted in our post of October 18, 2017, the Canadian Securities Administrators (CSA) issued CSA Staff Notice 51-352 Issuers with U.S. Marijuana-Related Activities on October 16, 2017.  The CSA Staff Notice noted the discrepancy between United States federal and state law as it relates to the use and sale of marijuana. Read more

Competition Compliance Programs

Guidance on developing and implementing compliance programs to adhere to competition laws and regulations.
  • Competition Authorities shining the light on AI, 5/1/2024
  • Competition Bureau Announces Public Consultation and Guidance on Greenwashing, 7/25/2024
  • Whose Claim is it Anyway? BCCA Provides Guidance on Overlapping Claims for Aboriginal Title, 12/17/2024
cityscape at night Blog Post Competition Authorities shining the light on AI The rise of Artificial Intelligence (AI) is transforming businesses around the world, offering unprecedented opportunities for innovation and economic prosperity. However, it also presents unique challenges for competition authorities tasked with ensuring fair and efficient markets. Read more
cityscape at night Blog Post Competition Bureau Announces Public Consultation and Guidance on Greenwashing On July 22, 2024, the Competition Bureau (the “Bureau”) announced that it is launching a public consultation to gather stakeholder feedback relating to the interpretation and application of the new greenwashing provisions of the Competition Act (the “Act”). Read more
Sunset Lake Bulletin Whose Claim is it Anyway? BCCA Provides Guidance on Overlapping Claims for Aboriginal Title Read more

Merger Notification & Review

Insights into the processes and considerations involved in merger assessments, including recent amendments affecting merger provisions.
  • Further and Significant Proposed Amendments to the Competition Act in the areas of Merger Review, Ordinary Sales Pricing, Drip Pricing and Environmental Claims, 5/10/2024
  • Update on proposed amendments to the Investment Canada Act, 10/10/2023
  • Merger Transaction-Size Threshold Remains Frozen at C$93M; Investment Canada Act Review Thresholds Increased, 3/1/2024
cityscape at night Blog Post Further and Significant Proposed Amendments to the Competition Act in the areas of Merger Review, Ordinary Sales Pricing, Drip Pricing and Environmental Claims On November 27, 2023, the Federal Government passed a Notice of Ways and Means Motion to introduce a bill entitled An Act to implement certain provisions of the fall economic statement tabled in Parliament on November 21, 2023 and certain provisions of the budget tabled in Parliament on March 28, 2023, which was tabled on Read more
cityscape at night Blog Post Update on proposed amendments to the Investment Canada Act On September 28, 2023, the House of Commons Standing Committee on Industry and Technology (“INDU”) – the committee tasked with studying the legislation and activities of Innovation, Science and Economic Development Canada – concluded its study of Bill C-34: An Act to amend the Investment Canada Act and reported its proposed amendments to the House Read more
cityscape at night Blog Post Merger Transaction-Size Threshold Remains Frozen at C$93M; Investment Canada Act Review Thresholds Increased Competition Act Merger Notification Thresholds The Canadian government has announced that the transaction-size threshold for pre-notification under the Competition Act will remain at C$93M for 2024. This is the third year that the transaction-size threshold has been fixed at this level, despite inflationary pressures throughout this period. Read more

Foreign Investment

Analyses of policies and regulations governing foreign investments in Canada, including updates on net benefit review thresholds under the Investment Canada Act.
  • Tipping the Balance on EU Copyright Protection: Some Members Call for Legislation to Deal with Unequal Protection in Non-EU Countries, 1/29/2025
Blurred buses on Potsdamer Platz in Berlin, Germany Bulletin Tipping the Balance on EU Copyright Protection: Some Members Call for Legislation to Deal with Unequal Protection in Non-EU Countries Read more

Amendments

Legislative changes to Canada's Competition Act, including analyses of new provisions and their implications for businesses.
  • Does firm size matter more with the recent amendments to the Competition Act?, 11/5/2024
  • Amendments To The Competition Act Only One Step Towards A Truly Competitive Economy, 9/11/2024
  • Proposed amendments to the merger review process in Canada: Implications for businesses, 12/11/2023
cityscape at night Blog Post Does firm size matter more with the recent amendments to the Competition Act? The Commissioner of Competition, Matthew Boswell said in a recent speech that “it’s not bad to be big” while outlining the noteworthy legislative changes to the monopolistic practices provisions of the Competition Act. He added that “companies that grow large by innovating and competing on the merits should not be punished”. Read more
cityscape at night Blog Post Amendments To The Competition Act Only One Step Towards A Truly Competitive Economy This article was first published in Competition Policy International – Antitrust Chronicle on September 3, 2024; for further in-depth analysis, please visit the Antitrust Chronicle® I. Introduction Canada has embarked on a transformative journey to fortify its competition policy landscape, hopefully ushering in a new era of regulatory vigor and market fairness. Read more
cityscape at night Blog Post Proposed amendments to the merger review process in Canada: Implications for businesses Merger review under the Competition Act (the “Act”) is undergoing significant change. As discussed in our previous blog post, the Federal Government has proposed significant amendments to the Act. Read more

Team

Primary Contacts
  • Antonio Di Domenico, Partner | Co-leader, Competition, Marketing & Foreign Investment, Toronto, ON, +1 416 868 3410, adidomenico@fasken.com
  • Huy Do, Partner | CO-LEADER, COMPETITION, MARKETING & FOREIGN INVESTMENT | LEADER, SOUTHEAST ASIA GROUP, Toronto, ON, +1 416 868 3505, hdo@fasken.com
  • Chris Margison, Counsel | Competition, Marketing & Foreign Investment, Toronto, ON, +1 416 943 8975, cmargison@fasken.com
  • Robin Spillette, Associate | Competition, Marketing & Foreign Investment, Toronto, ON, +1 416 868 7817, rspillette@fasken.com
  • Luisa Ferron, Paralegal/Law Clerk | Corporate/Commercial, Toronto, ON, +1 416 865 4478, lferron@fasken.com
Antonio Di Domenico Toronto Lawyer Antonio Di Domenico Partner | Co-leader, Competition, Marketing & Foreign Investment Toronto, ON +1 416 868 3410
Huy Do Toronto Lawyer Huy Do Partner | CO-LEADER, COMPETITION, MARKETING & FOREIGN INVESTMENT | LEADER, SOUTHEAST ASIA GROUP Toronto, ON +1 416 868 3505
Chris Margison, Counsel | Competition, Marketing & Foreign Investment Chris Margison Counsel | Competition, Marketing & Foreign Investment Toronto, ON +1 416 943 8975
Robin Spillette Toronto Lawyer Robin Spillette Associate | Competition, Marketing & Foreign Investment Toronto, ON +1 416 868 7817
Luisa Ferron Toronto Paralegal/Law Clerk Luisa Ferron Paralegal/Law Clerk | Corporate/Commercial Toronto, ON +1 416 865 4478

Authors

  • Antonio Di Domenico, Partner | Co-leader, Competition, Marketing & Foreign Investment, Toronto, ON, +1 416 868 3410, adidomenico@fasken.com
  • Huy Do, Partner | CO-LEADER, COMPETITION, MARKETING & FOREIGN INVESTMENT | LEADER, SOUTHEAST ASIA GROUP, Toronto, ON, +1 416 868 3505, hdo@fasken.com
  • Henry Gray, Associate | Political Law, Ottawa, ON, +1 613 696 3173, hgray@fasken.com
  • John Pecman, Senior Business Advisor | Competition, Marketing & Foreign Investment, Ottawa, ON, +1 613 696 6974, jpecman@fasken.com
  • Robin Spillette, Associate | Competition, Marketing & Foreign Investment, Toronto, ON, +1 416 868 7817, rspillette@fasken.com
  • Chris Margison, Counsel | Competition, Marketing & Foreign Investment, Toronto, ON, +1 416 943 8975, cmargison@fasken.com
  • Musa Mansuar, Articling Student, Toronto, ON, +1 416 865 5420, mmansuar@fasken.com
Antonio Di Domenico Toronto Lawyer Antonio Di Domenico Partner | Co-leader, Competition, Marketing & Foreign Investment Toronto, ON +1 416 868 3410
Huy Do Toronto Lawyer Huy Do Partner | CO-LEADER, COMPETITION, MARKETING & FOREIGN INVESTMENT | LEADER, SOUTHEAST ASIA GROUP Toronto, ON +1 416 868 3505
Henry Gray Ottawa Articling Student Henry Gray Associate | Political Law Ottawa, ON +1 613 696 3173
John Pecman Ottawa Senior Business Advisor John Pecman Senior Business Advisor | Competition, Marketing & Foreign Investment Ottawa, ON +1 613 696 6974
Robin Spillette Toronto Lawyer Robin Spillette Associate | Competition, Marketing & Foreign Investment Toronto, ON +1 416 868 7817
Chris Margison, Counsel | Competition, Marketing & Foreign Investment Chris Margison Counsel | Competition, Marketing & Foreign Investment Toronto, ON +1 416 943 8975
Musa Mansuar Toronto Student Musa Mansuar Articling Student Toronto, ON +1 416 865 5420