Fasken Martineau DuMoulin LLP (LexBlog Canada)

168 results for Fasken Martineau DuMoulin LLP (LexBlog Canada)

  • 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. sponsors into Canada, it is prudent to query whether a similar increase in regulatory...

  • 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. The policies define “interactive digital media” (“IDM”) as, without limitation, “digital content and/or an environment in which users can actively participate...

  • 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. Mergers are subject to pre-closing notification in...

  • 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. These amendments, which are included in Bill C-56 and Bill C-59 (together, the “Bills”) and touch on virtually all facets of competition policy in Canada, represent...

  • Federal Government Releases Fall Economic Statement – with New Competition Act Amendments Previewed

    On November 21, 2023, the Federal Government released its 2023 Fall Economic Statement (the “Statement”). The Statement lays out the Federal Government’s multifaceted plan to improve housing in Canada, support the middle class, bolster the economy and create a stable financial sector. Additionally, the Statement outlines the Federal Government’s desire to strengthen competition in Canada...

  • Takeaways from the Competition Bureau’s Competition Law Summit and Report on Competition

    On October 5, 2023, the Competition Bureau (the “Bureau”) hosted a summit (the “Summit”) on competition law and policy in Canada. Among other things, the Summit included discussions focusing on Canada’s current economic landscape; the main barriers to competition in Canada; Canadians’ diverse perspectives on competition issues in Canada; and building a whole-of-government competition agenda....

  • 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...

  • 2022/23 Investment Canada Act Annual Report

    On September 28th, 2023, the Director of Investments to the Minister of Innovation, Science and Industry (the “Minister”) published the Annual Report on the administration of the Investment Canada Act (the Act) for the 2022/23 fiscal year. During the fiscal year 2022-2023, the Investment Review Division reviewed 1,010 applications for review and notifications (which is...

  • The Dufresne Group Hit with $3.25 Million Penalty Amidst Competition Bureau’s Concerns Over Marketing Claims

    The Dufresne Group (the “Group”), which operates Ashley Homestores and Dufresne Furniture and Appliances, must pay a substantial $3.25 million penalty, according to a statement from the Competition Bureau of Canada (the “Bureau”) released September 27, 2023. This settlement marks the resolution of concerns raised by the Bureau regarding the Group’s marketing practices. The Bureau’s...

  • Prime Minister Announces Proposed Competition Law Changes

    On September 14, 2023, Prime Minister Justin Trudeau made a public statement relating to issues of inflation, Canada’s middle class and competition policy. The statement was focused on measures which are aimed at reducing the cost of housing across Canada, supporting small businesses and addressing the escalating cost of groceries. Notably, in the statement Trudeau...

  • “Canada Needs More Competition”: Competition Bureau Releases its Retail Grocery Market Study Report

    On June 27, 2023, the Competition Bureau  (the “Bureau”)  released its “Retail Grocery Market Study Report” (the “Report”). The Report is the result of the October 24, 2022 announcement by the Bureau that it would conduct a study of grocery store competition in Canada. The Report observes that grocery prices have been rising and suggests...

  • Canada Should Avoid Costly Ex Ante Regulation of Digital Markets

    In the March 30, 2023 comments submitted by Fasken[1] in response to the Government of Canada’s consultation and discussion paper[2] on the Future of Competition Policy in Canada (the “Discussion Paper”), significant concerns are raised about any amendments that move away from identifying anti-competitive conduct through evidence-based assessment of its effects and which would establish...

  • Competition Bureau Recommends Significant Changes to Competition Act

    On November 17, 2022, the Honourable François-Philippe Champagne, Minister of Innovation, Science and Industry, launched the much anticipated public consultation for potential amendments to the Competition Act (the “Act”). As discussed in our previous blog post, this consultation was intended to serve as a wide-ranging review of existing competition policy in Canada, including whether the...

  • Administration and Enforcement of the Law – Does the Government intend to give the Competition Bureau a stronger enforcement regime?

    As discussed in our previous blog post, on November 17, 2022, the Honourable François-Philippe Champagne, Minister of Innovation, Science and Industry, launched the much anticipated public consultation on the second stage of potential amendments to the Competition Act (the “Act”). As part of this consultation process, the Department of Innovation, Science and Economic Development (“ISED”)...

  • Deceptive Marketing – Enforcement in the Digital Age

    As discussed in our previous blog post, on November 17, 2022, the Honourable François-Philippe Champagne, Minister of Innovation, Science and Industry, launched the much anticipated public consultation on the second stage of potential amendments to the Competition Act (the “Act”). As part of this consultation process, the Department of Innovation, Science and Economic Development (“ISED”)...

  • Unilateral Conduct – Changes on the Horizon?

    As discussed in our previous blog post, on November 17, 2022, the Honourable François-Philippe Champagne, Minister of Innovation, Science and Industry, launched the much anticipated public consultation on the second stage of potential amendments to the Competition Act (the “Act”). As part of this consultation process, the Department of Innovation, Science and Economic Development (“ISED”)...

  • Canada Announces Significant National Security Changes to Investment Canada Act

    Canada’s Minister of Innovation, Science and Industry, the Honourable François-Philippe Champagne (the “Minister”), announced on December 7, 2022 his commitment to protecting Canada’s economic and national security. Focused on key sectors such as critical minerals and artificial intelligence, the Minister tabled Bill C-34, the National Security Review of Investments Modernizations Act, (“Bill C-34

  • Competitor Collaborations – The Path Forward

    As discussed in our previous blog post, on November 17, 2022, the Honourable François-Philippe Champagne, Minister of Innovation, Science and Industry, launched the much anticipated public consultation on the second stage of potential amendments to the Competition Act (the “Act”). As part of this consultation process, the Department of Innovation, Science and Economic Development (“ISED”)...

  • What if No One Gets Elected?

    Posted in Capital Markets, Contested Situations, Corporate Governance, Directors & Officers, Election of Directors, Proxy Voting, Securities, Shareholder Meeting Amendments to the Canada Business Corporations Act (CBCA) which went into effect on August 31, 2022 brought “majority voting” to the election of directors of a “distributing corporation”, in effect, a federal corporation that is a “report

  • The Merger Review Process – What Lies Ahead?

    As discussed in our previous blog post, on November 17, 2022, the Honourable François-Philippe Champagne, Minister of Innovation, Science and Industry, launched the much anticipated public consultation on the second stage of potential amendments to the Competition Act (the “Act”). As part of this consultation process, the Department of Innovation, Science and Economic Development (“ISED”)...

  • Investment Canada Act: 2021/22 Annual Report

    On October 28, 2022, the Director of Investments issued his Annual Report on the administration of the Investment Canada Act (“ICA”) for the fiscal year commencing April 1, 2021 and ending March 31, 2022 (the “2021/2022 fiscal year”). The Annual Report provides insight on key trends relating to foreign investment and national security reviews in...

  • Canada Lays out Direct Path to National Security Review for SOE-implicated Investments in Critical Mineral Sector

    On October 28, 2022, the Director of Investments issued his Annual Report on the administration of the Investment Canada Act (“ICA”) for the fiscal year commencing April 1, 2021 and ending March 31, 2022 (the “2021/2022 fiscal year”). The Annual Report provides insight on key trends relating to foreign investment and national security reviews in...

  • Spotlight on Greenwashing

    A longer version of this article has also been published in the Canadian Competition Law Review. “Greenwashing” involves making environmental (i.e., “green”) claims which may leave consumers with the false or misleading impression that a product or service is “environmentally friendly” when, in fact, it is not. In Canada, greenwashing – as a form of...

  • Canada’s New Competition Act Amendments and Private Competition Litigation: Compliance Tips for Businesses Operating in Canada

    Significant amendments to Canada’s Competition Act (the “Act”) are now law. The amendments can be broken down into five categories: (i) abuse of dominance, (ii) criminal cartel and competitor collaborations, (iii) marketing and consumer protection, (iv) merger review and (v) evidence gathering. All amendments are currently in effect with the exception of the new offence for wage-fixing...

  • Canada to Permit Voluntary Filings Under National Security Provisions of Its Investment Canada Act

    On August 2, 2022, amendments to the National Security Review of Investments Regulations will come into force, creating a voluntary filing mechanism for investors who do not currently have a filing obligation under the Investment Canada Act (the “Act”). These amendments will also extend the initial national security review period from 45 days to five years for all investments...

  • Significant Amendments to Canada’s Competition Act Are Now Law: What You Need to Know

    On June 23, 2022, Bill C-19, also known as the Budget Implementation Act, 2022, No.1 (“BIA”), received royal assent. The BIA was tabled in Parliament on April 7, 2022 and included significant proposed amendments to the Competition Act (the “Act”). Our previous blog post discusses these amendments in detail. This blog post breaks down salient...

  • Significant Amendments to Canada’s Competition Act Are Now Law: What You Need to Know

    On June 23, 2022, Bill C-19, also known as the Budget Implementation Act, 2022, No.1 (“BIA”), received royal assent. The BIA was tabled in Parliament on April 7, 2022 and included significant proposed amendments to the Competition Act (the “Act”). Our previous blog post discusses these amendments in detail. This blog post breaks down salient...

  • Significant Amendments to Competition Act Coming Soon

    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 evaluate potential ways to improve its operation. This included, among other things, adapting the law to today’s digital reality...

  • Can Foreign Investigations Establish Some Basis in Fact of an Alleged Conspiracy?

    Competition class actions are often sparked by regulatory or criminal investigations, especially when there are admissions of anti-competitive conduct or guilty pleas. In the recent Jensen decision, the Federal Court of Canada considered when the mere existence of an investigation can support certification, and what is required for a foreign investigation to satisfy the “some...

  • Competition Bureau Recommendations Regarding Abuse of Dominance

    As discussed in more detail in our prior blog post titled “Competition Bureau Recommendations to Strengthen the Competition Act”, in a continuing effort to ensure that Canada has an effective and impactful competition law framework, Senator Howard Wetston invited interested stakeholders to participate in a consultation to promote additional dialogue on the path forward for...

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