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Articles by Arlan Gates
Canada: Keeping (S)watch on Québec’s French Language Laws
In brief On 27 October 2025, the Tribunal administratif du Québec (“Tribunal”) issued its most recent decision on Quebec’s French language laws in Groupe Swatch (Canada) Ltée c. Office québécois de la langue française (2025 QCTAQ 10426), setting aside an order from the Office québécois de la langue française (OQLF) that required Swatch Canada to include French on its exterior signage at its downtown Montreal storefront.
Canada: Competition Bureau releases report from public consultation about effects of AI on competition
In brief The Canadian Competition Bureau (“Bureau“) recently published the Consultation on Artificial Intelligence and Competition: What We Heard (“Report“), which summarizes feedback it received from its 2024 public consultation about how AI is impacting competition in Canada. The Bureau will use the insights from the submissions summarized in the Report to inform how it will protect and promote competition in Canada’s AI market.
The Canadian Competition Authority publishes a report summarizing the feedback from its 2024 public consultation on the impact of AI on competition – Concurrences
In brief The Canadian Competition Bureau ("Bureau") recently published the Consultation on Artificial Intelligence and Competition: What We Heard ("Report"), which summarizes feedback it received from its 2024 public consultation about how AI is impacting competition in Canada. The Bureau will use the insights from the submissions summarized in the Report to inform how it will protect and promote competition in Canada’s AI market.
The Canadian Competition Bureau (“Bureau“) recently published the Consultation on Artificial Intelligence and Competition: What We Heard (“Report“), which summarizes feedback it received from its 2024 public consultation about how AI is impacting competition in Canada. The Bureau will use the insights from the submissions summarized in the Report to inform how it will protect and promote competition in Canada’s AI market.
Competition Bureau Releases Report from Public Consultation about Effects of AI on Competition
In brief The Canadian Competition Bureau (“Bureau“) recently published the Consultation on Artificial Intelligence and Competition: What We Heard (“Report“), which summarizes feedback it received from its 2024 public consultation about how AI is impacting competition in Canada. The Bureau will use the insights from the submissions summarized in the Report to inform how it will protect and promote competition in Canada’s AI market.
How a Tariff War Sparked a ‘Buy Canadian’ Revolution
In brief With the official declaration of the Canada- U.S. tariff war, Canadian consumer behavior has undergone a significant shift, sparking a renewed sense of patriotism and a robust “buy Canadian” movement. As tariffs are expected to drive up the cost of imported goods, Canadians are increasingly turning to domestically-produced products. To meet this growing […] The post How a Tariff War Sparked a ‘Buy Canadian’ Revolution appeared first on Canada Insights.
Guarding the North – Updated Guidelines on the National Security Review of Investments Amid U.S.-Canada Trade War | Open Legal Blog Archive
In Brief Following weeks of tariff threats from the U.S. and the imposition of retaliatory Canadian tit-for-tat tariffs and non-tariff measures, the U.S. and Canada are currently in the midst of a trade war that is expected to have significant economic repercussions. On 5 March 2025, the Government of Canada announced that it would take […] The post Guarding the North – Updated Guidelines on the National Security Review of Investments Amid U.S.-Canada Trade War appeared first on Canada Insights.
Canada: How a Tariff War Sparked a ‘Buy Canadian’ Revolution
In brief With the official declaration of the Canada- U.S. tariff war, Canadian consumer behavior has undergone a significant shift, sparking a renewed sense of patriotism and a robust “buy Canadian” movement. As tariffs are expected to drive up the cost of imported goods, Canadians are increasingly turning to domestically-produced products. To meet this growing demand, many companies are emphasizing the Canadian origin of their products through labeling and product claims.
Guarding the North - Updated Guidelines on the National Security Review of Investments Amid U.S.-Canada Trade War
In Brief Following weeks of tariff threats from the U.S. and the imposition of retaliatory Canadian tit-for-tat tariffs and non-tariff measures, the U.S. and Canada are currently in the midst of a trade war that is expected to have significant economic repercussions.
How a Tariff War Sparked a ‘Buy Canadian’ Revolution
In brief With the official declaration of the Canada- U.S. tariff war, Canadian consumer behavior has undergone a significant shift, sparking a renewed sense of patriotism and a robust “buy Canadian” movement. As tariffs are expected to drive up the cost of imported goods, Canadians are increasingly turning to domestically-produced products. To meet this growing demand, many companies are emphasizing the Canadian origin of their products through labeling and product claims.
Canada: Guarding the North - Updated Guidelines on the National Security Review of Investments Amid U.S.-Canada Trade War
Following weeks of tariff threats from the U.S. and the imposition of retaliatory Canadian tit-for-tat tariffs and non-tariff measures, the U.S. and Canada are currently in the midst of a trade war that is expected to have significant economic repercussions.
Canada: Guarding the North - Updated Guidelines on the National Security Review of Investments Amid U.S.-Canada Trade War
Following weeks of tariff threats from the U.S. and the imposition of retaliatory Canadian tit-for-tat tariffs and non-tariff measures, the U.S. and Canada are currently in the midst of a trade war that is expected to have significant economic repercussions.
In brief: abuse of dominance in Canada
Abuse of dominance Definition of abuse of dominance How is abuse of dominance defined and identified? What conduct is subject to a per se prohibition? Following the December 2023 amendments to the Competition Act, RSC 1985, c.
Q&A: enforcement of dominance rules in Canada
Enforcement proceedings Enforcement authorities Which authorities are responsible for enforcement of the dominance rules and what powers of investigation do they have? The Act is administered and enforced by the Commissioner of Competition (the Commissioner). The Commissioner leads the Competition Bureau (the Bureau), which is an independent law enforcement agency within the federal Department of Innovation, Science and Economic Development. Final interpretation of the Competition Act, RSC 1985, c.
The Canadian Competition Authority intensifies its scrutiny of property controls in the national grocery sector following legislative amendments to the Competition Act (Sobeys / Loblaws) - Concurrences
Previous article Next article Share on | In brief The Competition Bureau (“Bureau”) has intensified its scrutiny of property controls in Canada’s grocery sector following legislative amendments to the Competition Act (“Act”). Amendments that took effect in December 2024 permit vertical agreements that have a significant purpose of harming competition to be civilly reviewed.
Canada: Competition Bureau puts the squeeze on grocery sector property controls
In brief The Competition Bureau (“Bureau”) has intensified its scrutiny of property controls in Canada’s grocery sector following legislative amendments to the Competition Act (“Act”). Amendments that took effect in December 2024 permit vertical agreements that have a significant purpose of harming competition to be civilly reviewed. Other amendments to the Act over the past two years, notably to the abuse of dominance provisions, have heightened the Bureau’s ability to pursue this conduct.
Canada: Key Insights and Outlook—Foreign Investment 2024 Year in Review | Open Legal Blog Archive
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Canada: ADvantage - Shaping a Greener Future - Competition Bureau Publishes Draft Greenwashing Guidelines
Share Share on Facebook Share on Twitter Email On 23 December 2024, Canada’s Competition Bureau (the “Bureau“) published draft guidelines concerning environmental claims and compliance with the Competition Act (the “Act“) for public consultation. Updated guidance on environmental claims has been much anticipated following recent amendments to the Act that explicitly prohibit greenwashing as a form of deceptive marketing. Click here to access the full alert.
Canada: A New Dawn for Competition Law and Enforcement as Bill C-59 Passes
In brief On 20 June 2024, Bill C-59, The Fall Economic Statement Implementation Act, 2023 (“Bill C-59”), which contains the final, and most significant in a series of, amendments to Canada’s Competition Act (the “Act”) came into effect.
Canada: Government’s fight against junk fees, savings claims and greenwashing heats up with new proposed amendments
In brief Newly proposed amendments to Bill C-59, Fall Economic Statement Implementation Act, 2023 (“Bill C-59”), introduced by the Standing Senate Committee on National Finance on 2 May 2024 (“Standing Committee Amendments“), seek to further toughen rules on drip pricing (including so-called ‘junk fees’), savings claims and greenwashing under the Competition Act (“Act”).
The Canadian Government sees the Bill C-59 come into effect which contains significant amendments to the Competition Act
In brief On 20 June 2024, Bill C-59, The Fall Economic Statement Implementation Act, 2023 ("Bill C-59"), which contains the final, and most significant in a series of, amendments to Canada’s Competition Act (the "Act") came into effect. These amendments will make it easier for the Commissioner of Competition (the "Commissioner") to take enforcement action, including by introducing structural presumptions in merger review, incentivize private parties to bring actions for all manner of civilly ...
The Canadian Government sees the Fall Economic Statement Implementation Act come into effect which contains the final and most significant amendments to Competition Act
In brief On 20 June 2024, Bill C-59, The Fall Economic Statement Implementation Act, 2023 ("Bill C-59"), which contains the final, and most significant in a series of, amendments to Canada’s Competition Act (the "Act") came into effect. These amendments will make it easier for the Commissioner of Competition (the "Commissioner") to take enforcement action, including by introducing structural presumptions in merger review, incentivize private parties to bring actions for all manner of civilly ...
Government’s Fight Against Junk Fees, Savings Claims and Greenwashing Heats up with New Proposed Amendments
In brief Newly proposed amendments to Bill C-59, Fall Economic Statement Implementation Act, 2023 (“Bill C-59”), introduced by the Standing Senate Committee on National Finance on May 2, 2024 (“Standing Committee Amendments“), seek to further toughen rules on drip pricing (including so-called ‘junk fees’), savings claims and greenwashing under the Competition Act (“Act”).
Canada: Further changes to Canadian merger control regime will introduce structural presumptions and strengthen remedy standard
In brief Through the Standing Senate Committee on National Finance, the Government of Canada introduced amendments to Bill C-59, the Fall Economic Statement Implementation Act ("Bill C-59") that will revolutionize Canada's merger control regime under the Competition Act ("Act") ("Standing Committee Amendments").
Canada: Competition Bureau seeks comments on the effects of artificial intelligence on competition
In brief The Canadian Competition Bureau (“Bureau“) has announced a significant initiative to explore the impacts of artificial intelligence (“AI“) on competition in Canada. On 20 March 2024, the Bureau published a discussion paper, entitled “Artificial intelligence and competition” (“Discussion Paper“), and has requested feedback from the public. The Bureau is seeking to better understand how AI can affect competition in Canada.
The Canadian Government proposes further changes to the merger control regime to introduce structural presumptions and strengthen the remedy standard
In brief Long-awaited reforms to the Canadian Competition Act ("Act") have arrived and represent the most comprehensive amendments to the Act in over a decade. Recent and proposed amendments to the abuse of dominance provisions are likely to have a significant impact on how businesses (…)
The Canadian Government proposes further changes to the merger control regime to introduce structural presumptions and strengthen remedy standard
Article précédent Article suivant Partager sur | In brief Through the Standing Senate Committee on National Finance, the Government of Canada introduced amendments to Bill C-59, the Fall Economic Statement Implementation Act ("Bill C-59") that will revolutionize Canada’s merger control regime under the Competition Act ("Act") ("Standing Committee Amendments").
Canada: Mandatory filing, other reforms signal a new era for foreign investment
In brief The Government of Canada recently passed Bill C-34, the National Security Review of Investment Modernization Act ("Bill C-34"), marking a turning point in the review of foreign investment in Canada. Bill C-34 enhances the Canadian government's national security review powers under the Investment Canada Act ("ICA") and introduces mandatory pre-closing filings for certain investments.
The Canadian Parliament introduces significant reforms to the Competition Act which represent the most comprehensive changes in over a decade
In brief Significant reforms to the Competition Act (the “Act”) introduced in the last two years and culminating in pending amendments introduced last fall represent the most comprehensive changes to the Act in over a decade. In this latest installment of ADvantage, we examine in particular how proposed amendments under Bill C-59, Fall Economic Statement Implementation Act, 2023 (“Bill C-59”) are likely to affect Canadian advertising and marketing practices. [1] Bill C-59 proposes the followi...
Arlan W. Gates - Concurrences
Arlan Gates is partner at the Toronto office of Baker & McKenzie. He practices commercial and regulatory law as a member of Baker McKenzie’s Global International Commercial & Trade and Antitrust & Competition groups. He leads the Canadian Antitrust, Competition and Foreign Investment Practice, which has been ranked by The Legal 500 and Chambers Canada.
Justine Johnston
Justine Johnston is a senior associate at the Toronto office of Baker McKenzie, where her practice focuses on competition law and foreign investment review. Justine advises clients on all aspects of Canadian competition law, with a particular focus on obtaining competition clearance in domestic, cross-border and multi-jurisdictional transactions.
Sarah Mavula - Concurrences
Sarah Mavula is a senior associate in Baker McKenzie’s International Commercial Practice Group and the Global Antitrust & Competition Group, based in Toronto. Sarah practices competition/antitrust and foreign investment law. In parallel, she also advises clients on marketing, advertising and product regulatory compliance. Sarah has been recognized as a 2022 Precedent Setter in Precedent Magazine and a 2022 Lexpert "Rising Star: Leading Lawyer Under 40" in Canada.
Jacqueline Rotondi
Jacqueline Rotondi is an associate at Baker McKenzie based in its Toronto office. She practices commercial, regulatory, competition and international trade law. Jacqueline regularly advises clients in a variety of industries on Canadian advertising and marketing law, including advising on advertising requirements, deceptive marketing, influencer marketing, greenwashing, consumer protection, and contests and promotions.
The Canadian Competition Authority publishes a discussion paper to explore the impacts of artificial intelligence on competition
In brief The Canadian Competition Bureau ("Bureau") has announced a significant initiative to explore the impacts of artificial intelligence ("AI") on competition in Canada. On 20 March 2024, the Bureau published a discussion paper, entitled "Artificial intelligence and competition" ("Discussion Paper"), and has requested feedback from the public. The Bureau is seeking to better understand how AI can affect competition in Canada. It is also seeking to determine how it can better prepare to ad...
Usman Sheikh - Concurrences
In brief The Canadian Competition Bureau ("Bureau") recently published the Consultation on Artificial Intelligence and Competition: What We Heard ("Report"), which summarizes feedback it received from its 2024 public consultation about how AI is impacting competition in Canada. The Bureau will (…)
Canada: Competition Act and Investment Canada Act financial thresholds for review confirmed for 2024
In brief The Government of Canada has announced the 2024 financial thresholds for pre-merger notification and clearance under the Competition Act, and for pre-closing, “net benefit” review and approval under the Investment Canada Act (“ICA“). While the Competition Act “size of transaction” financial threshold remains the same, the ICA financial thresholds have increased.
Canada: Enhanced scrutiny of foreign investment in the interactive digital media sector
In brief Canada has announced two complementary policies that will subject foreign investment in the interactive digital media (IDM) sector to enhanced scrutiny under the Investment Canada Act (ICA). IDM relates to digital content and/or digital environments where users can participate or collaborate, including certain mobile apps, video games, and virtual reality platforms.
Canada: Competition Act and Investment Canada Act financial thresholds for review confirmed for 2024
In brief The Government of Canada has announced the 2024 financial thresholds for pre-merger notification and clearance under the Competition Act, and for pre-closing, "net benefit" review and approval under the Investment Canada Act ("ICA"). While the Competition Act "size of transaction" financial threshold remains the same, the ICA financial thresholds have increased.
Canada: Abuse of dominance takes center stage in the latest round of amendments to the Competition Act
In brief Long-awaited reforms to the Canadian Competition Act (“Act“) have arrived and represent the most comprehensive amendments to the Act in over a decade. Recent and proposed amendments to the abuse of dominance provisions are likely to have a significant impact on how businesses operating in Canada assess and manage risk.
Long-awaited draft regulation under Québec’s Bill 96 finally published - more questions than answers?
Canada Legal updates: case law analysis and intelligence The draft regulation provides guidance on the sweeping amendments to the Charter of the French language introduced by Bill 96. Register for free for limited access Register for free to receive our newsletter, view leading trademark professionals in WTR 1000 and gain limited access to subscriber content. Register now Subscribe to unlock unlimited access Get news, unique commentary, expert analysis and essential resources from the WTR experts.
Canada: Merger review developments for 2024
In brief Modernization of Canadian competition law and foreign investment review is well underway. Recent and further proposed legislative amendments will impact how dealmakers assess substantial and procedural regulatory risk for mergers. This update summarizes the recent legislative amendments to the Competition Act (“Act“) that came into effect on 15 December 2023 and proposed legislative amendments to the Act and Investment Canada Act (“ICA“).
Canada: Proposed Competition Act amendments will create new but uncertain form of class proceeding
In brief The Canadian government continues to propose and implement major legislative reforms that will dramatically change Canadian competition law and policy.1 Newly proposed amendments to the private access provisions of the Competition Act ("Act") are the latest examples of this and will have a significant impact on businesses operating in Canada – including their potential litigation exposure and strategy.
Canada: Abuse of dominance takes center stage in the latest round of amendments to the Competition Act
In brief Long-awaited reforms to the Canadian Competition Act ("Act") have arrived and represent the most comprehensive amendments to the Act in over a decade. Recent and proposed amendments to the abuse of dominance provisions are likely to have a significant impact on how businesses operating in Canada assess and manage risk.
Canada: Merger review developments for 2024
In brief Modernization of Canadian competition law and foreign investment review is well underway. Recent and further proposed legislative amendments will impact how dealmakers assess substantial and procedural regulatory risk for mergers. This update summarizes the recent legislative amendments to the Competition Act ("Act") that came into effect on 15 December 2023 and proposed legislative amendments to the Act and Investment Canada Act (ICA).
Canada: Long-Awaited Draft Regulation under Québec’s Bill 96 Finally Published - More Questions Than Answers?
On January 10, 2024, the draft Regulation to amend mainly the Regulation respecting the language of commerce and business (the “Draft Regulation“) to the Charter of the French language (the “Charter“) was introduced by the Quebec legislature. The long-awaited Draft Regulation provides guidance on the sweeping amendments to the Charter introduced by Bill 96.
Canada: Competition law and foreign investment 2023 year in review
In brief It has been a dynamic year for competition and foreign investment law in Canada, with significant long-term implications for both domestic and global businesses. In 2023, the Government of Canada focused on modernizing Canada’s Competition Act and Investment Canada Act, proposing and advancing legislation that will overhaul existing legislative frameworks.
The Canadian Government see changes to the abuse of dominance provision of the Competition Act take effect
In brief Long-awaited reforms to the Canadian Competition Act ("Act") have arrived and represent the most comprehensive amendments to the Act in over a decade. Recent and proposed amendments to the abuse of dominance provisions are likely to have a significant impact on how businesses operating in Canada assess and manage risk.
The Canadian Government proposes and implements major legislative reforms that will significantly change Canadian competition law and policy
In brief The Canadian government continues to propose and implement major legislative reforms that will dramatically change Canadian competition law and policy. [1] Newly proposed amendments to the private access provisions of the Competition Act ("Act") are the latest examples of this and will have a significant impact on businesses operating in Canada – including their potential litigation exposure and strategy.
Canada: Proposed amendments to modernize Canadian Competition Law
In brief On 21 September 2023, the Government of Canada introduced Bill C-56 or the Affordable Housing and Groceries Act (“Bill C-56“), broad legislation that includes amendments to the Competition Act that, if adopted, will repeal the efficiencies defense in mergers, expand the scope of agreements and arrangements subject to the civil competitor collaboration provision, and permit public interest market studies.
Canada: Back to school essentials: Do's and don'ts of advertising food to children in Canada
In brief It is frequently observed that children are especially impacted by advertising, and special attention must be paid when marketing to them. Historically, with the exception of Quebec, which has prohibited virtually all forms of commercial advertising directed at children under the age of 13 since 1980, Canada did not specifically restrict advertising targeted at children.
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