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Articles by Justine Reisler
Commissioner Wins Secure Energy Appeal: Key Takeaways | JD Supra
The Federal Court of Appeal’s recent decision[1] upholding the Commissioner of Competition’s largely successful challenge of Secure Energy Services Inc.’s acquisition of Tervita Corporation provides further evidence that the Commissioner can succeed in challenging mergers even when efficiencies are raised as a defence, despite oft-stated concerns about the defence.
Commissioner Wins Secure Energy Appeal: Key Takeaways
The Federal Court of Appeal's recent decision1 upholding the Commissioner of Competition's largely successful challenge of Secure Energy Services Inc.'s acquisition of Tervita Corporation provides further evidence that the Commissioner can succeed in challenging mergers even when efficiencies are raised as a defence, despite oft-stated concerns about the defence.
The Future is Here: Government of Canada Launches Consultations on the Future of Competition Policy in Canada | JD Supra
On November 17, 2022 the Minister of Industry, Science and Innovation, François-Philippe Champagne released a long-awaited discussion paper on the future of competition policy in Canada. The paper outlines five key areas of potential reform focused on the key provisions in the Competition Act: merger review, unilateral conduct, competitor collaborations, deceptive marketing, and the administration and enforcement of the Act.
Competition Bureau Recommendations Regarding Abuse Of Dominance
To print this article, all you need is to be registered or login on Mondaq.com. 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 Canadian competition law.
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 Canadian competition law.
Canada Proposes To Permit Voluntary Filings Under National Security Provisions Of Its Investment Canada Act
To print this article, all you need is to be registered or login on Mondaq.com. On February 12, 2022, the federal government proposed, in the Canada Gazette, amendments to the National Security Review of Investments Regulations (the “Regulations”). The Regulations set out the timelines of the national security review process under the Investment Canada Act (the “Act”).
Competition Bureau Recommendations Regarding Merger Review In Canada
To print this article, all you need is to be registered or login on Mondaq.com. 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 Canadian competition law.
Competition Bureau Recommendations To Strengthen The Competition Act: Introduction
To print this article, all you need is to be registered or login on Mondaq.com. Governments and competition agencies around the world, including those in Canada, the United States and Europe, are reviewing their competition policies to assess whether they are capable of addressing novel and complex issues arising in today's fast-paced and ever-changing digital economy.
Competition Bureau Recommendations to Strengthen the Competition Act: Introduction
Governments and competition agencies around the world, including those in Canada, the United States and Europe, are reviewing their competition policies to assess whether they are capable of addressing novel and complex issues arising in today’s fast-paced and ever-changing digital economy.
Investment Canada Act: 2020/21 Annual Report
To print this article, all you need is to be registered or login on Mondaq.com. On February 2nd, 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, 2020 and ending March 31, 2021. The Annual Report provides insight on key trends relating to foreign investment and national security reviews in Canada.
Investment Canada Act: 2020/21 Annual Report
On February 2nd, 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, 2020 and ending March 31, 2021. The Annual Report provides insight on key trends relating to foreign investment and national security reviews in Canada.
Upcoming Review Of The Competition Act And Other Developments
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John Pecman: Knee-jerk Antitrust Reform May Worsen Inflation
Canada: John Pecman: Knee-jerk Antitrust Reform May Worsen Inflation 09 February 2022 Fasken Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. Last week, former Commissioner of Competition and Fasken Senior Business Advisor John Pecman published a highly topical article in the Financial Post outlining why knee-jerk antitrust reform may worsen inflation.
John Pecman: Knee-jerk antitrust reform may worsen inflation
Last week, former Commissioner of Competition and Fasken Senior Business Advisor John Pecman published a highly topical article in the Financial Post outlining why knee-jerk antitrust reform may worsen inflation. Yesterday morning, the Minister of Innovation, Science and Economic Development Canada, Francois-Philippe Champagne, announced that the Government of Canada will engage in a broad review of the Competition Act (the “Act”) with a view to promoting dynamic and fair markets.
Investment Canada Act: New Monetary Thresholds For 2022
Canada: Investment Canada Act: New Monetary Thresholds For 2022 13 January 2022 by Douglas C. New and Justine Reisler Fasken Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. Under the Investment Canada Act (the "ICA"), the direct acquisition of control of a Canadian business by a non-Canadian may be subject to a pre-closing review and approval process (a "Net Benefit Review") if a specified monetary threshold is exceeded.
Investment Canada Act: New Monetary Thresholds for 2022
Under the Investment Canada Act (the “ICA”), the direct acquisition of control of a Canadian business by a non-Canadian may be subject to a pre-closing review and approval process (a “Net Benefit Review”) if a specified monetary threshold is exceeded.
Key Themes From The Global Competition Review's Annual Women In Antitrust Conference
Canada: Key Themes From The Global Competition Review's Annual Women In Antitrust Conference 15 November 2021 by Justine Reisler and Robin Spillette Fasken Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com.
Key Themes from the Global Competition Review’s Annual Women in Antitrust Conference
On November 4, 2021, and attended the Global Competition Review’s annual Women in Antitrust conference in Washington, D.C. The event featured an incredible lineup of female lawyers and economists on panels addressing some of the most cutting-edge topics in antitrust today, namely: (i) assessing deal risk in a time of changing standards, (ii) approaches being taken by competition agencies to address global concerns about Big Tech, (iii) sustainable economic development, and (iv) innovation in...
Hub And Spoke Conspiracies – What's My Exposure? - Anti-trust/Competition Law - Canada
To print this article, all you need is to be registered or login on Mondaq.com. As noted in our prior blog post titled "New Competitor Collaboration Guidelines", the updated Competitor Collaboration Guidelines (the "CCGs") issued earlier this month include a new hypothetical example of an illegal "hub and spoke" conspiracy among a mid-stream distributor and the retailers selling its products.
Hub and Spoke Conspiracies - What’s My Exposure?
As noted in our prior blog post titled “New Competitor Collaboration Guidelines”, the updated Competitor Collaboration Guidelines (the “CCGs”) issued earlier this month include a new hypothetical example of an illegal “hub and spoke” conspiracy among a mid-stream distributor and the retailers selling its products.
New 2021 Merger Filing Fee And Remission Policy
Canada: New 2021 Merger Filing Fee And Remission Policy 07 April 2021 by Huy A. Do , Antonio Di Domenico and Justine Reisler Fasken Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. On April 1, 2021, the Government of Canada announced two important updates relating to merger filing fees: (i) a decreased merger filing fee ($74,905.57), and (ii) a new Service Fees Remission Policy.
New 2021 Merger Filing Fee and Remission Policy
On April 1, 2021, the Government of Canada announced two important updates relating to merger filing fees: (i) a decreased merger filing fee ($74,905.57), and (ii) a new Service Fees Remission Policy. Decreased Merger Filing Fee for 2021 Effective immediately, the Competition Bureau’s (the “Bureau”) filing fee for merger reviews has decreased from $75,055.68 to $74,905.57. The Competition Act requires parties to certain types of transactions that exceed applicable thresholds notify the Bureau.
2021 Merger Review Thresholds
Canada: 2021 Merger Review Thresholds 22 February 2021 Fasken Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. The Competition Bureau announced the 2021 transaction-size pre-merger notification threshold under the Competition Act is decreasing to C$93 million, effective February 13, 2021.
2021 Merger Review Thresholds
The Competition Bureau announced the 2021 transaction-size pre-merger notification threshold under the Competition Act is decreasing to C$93 million, effective February 13, 2021. Innovation, Science and Economic Development Canada also announced new, lower foreign investment review thresholds under the Investment Canada Act, effective January 1, 2021. These thresholds are adjusted annually based on GDP formulas. As a consequence, they generally increase each year.
Highlights From The Foreign Investment Review Committee's Town Hall With The Investment Review Division And Cultural Sector Investment Review
To print this article, all you need is to be registered or login on Mondaq.com. On Friday, the Foreign Investment Review Committee (“FIRC”) of the Canadian Bar Association's (“CBA”) Competition Law Section met with representatives from the Investment Review Division (“IRD”), Innovation, Science and Economic Development Canada (“ISED”) and the Cultural Sector Investment Review (“CSIR”), Canadian Heritage.
Highlights from the Foreign Investment Review Committee’s Town Hall with the Investment Review Division and Cultural Sector Investment Review
On Friday, the Foreign Investment Review Committee (“FIRC”) of the Canadian Bar Association’s (“CBA”) Competition Law Section met with representatives from the Investment Review Division (“IRD”), Innovation, Science and Economic Development Canada (“ISED”) and the Cultural Sector Investment Review (“CSIR”), Canadian Heritage. The meeting featured interesting and informative presentations from representatives from both the IRD and CSIR, followed by a Q&A. Outlined below are some of the highlights.
Competition Bureau Provides New Guidance: No Poach, Wage-Fixing And Other Buy-Side Agreements
Canada: Competition Bureau Provides New Guidance: No Poach, Wage-Fixing And Other Buy-Side Agreements 02 December 2020 by Huy A. Do , Leslie Milton , Antonio Di Domenico and Justine Reisler Fasken To print this article, all you need is to be registered or login on Mondaq.com.
Competition Bureau provides New Guidance: No Poach, Wage-Fixing and Other Buy-side Agreements
The Canadian Competition Bureau (the “Bureau”) issued much welcomed guidance on Friday to confirm what many have said to date, namely that no-poaching,[1] wage-fixing[2] and other buy-side agreements fall outside the scope of the criminal conspiracy provision (section 45) of the Competition Act (the “Act”).
Merger Review By The Canadian Competition Bureau In 2019-2020: Breaking Down The Numbers
To print this article, all you need is to be registered or login on Mondaq.com. The Canadian Competition Bureau (the "Bureau") released some informative statistics summarizing the number and characteristics of merger reviews started and concluded by the Bureau's Mergers Directorate in its 2019-2020 fiscal year (ending March 31, 2020).
Merger Review by the Canadian Competition Bureau in 2019-2020: Breaking down the Numbers
The Canadian Competition Bureau (the “Bureau”) released some informative statistics summarizing the number and characteristics of merger reviews started and concluded by the Bureau’s Mergers Directorate in its 2019-2020 fiscal year (ending March 31, 2020). In past years, similar information was presented by the Bureau at the Mergers Roundtable hosted by the Canadian Bar Association’s Mergers Committee and the Mergers Directorate, which did not happen this year due to COVID-19.
Competition Bureau Seeks to Promote Consideration of Competition by Policymakers with New Toolkit
The Canadian Competition Bureau (the “Bureau”) has released a toolkit – Strengthening Canada’s economy through pro-competitive policies (the “Toolkit”) – to assist regulators and policymakers, at all levels of government, in maximizing competition in Canadian industries. The Toolkit offers a five-step process for policymakers to assess the impact of new and existing policies on competition, and tailor those policies to maximize the benefits of competition across the Canadian economy.
Competition Bureau Publishes Annual Plan For 2020-2021: A Focus On Digital Enforcement
Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice): Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below. Mondaq has a "free to view" business model.
Competition Bureau Publishes Annual Plan for 2020-2021: A Focus on Digital Enforcement
On July 6, 2020, the Competition Bureau (the “Bureau”) published its Annual Plan for 2020-21 titled “Protecting competition in uncertain times” (the “Annual Plan”). The Annual Plan provides specific action items for implementing the Bureau’s 2020-24 Strategic Vision (the “Strategic Vision”) published this February.
Price Gouging Prohibitions Across Canada
To print this article, all you need is to be registered or login on Mondaq.com. So-called "excessive price" prohibitions are premised on a theory of harm that is generally rejected in competition law. Indeed, Canada's Competition Act does not even contain a prohibition against excessive pricing. Among the many reasons for not prohibiting excessive prices are that to do so would undermine investment incentives (both of firms already in the market and potential entrants).
Price Gouging Prohibitions across Canada
So-called “excessive price” prohibitions are premised on a theory of harm that is generally rejected in competition law. Indeed, Canada’s Competition Act does not even contain a prohibition against excessive pricing. Among the many reasons for not prohibiting excessive prices are that to do so would undermine investment incentives (both of firms already in the market and potential entrants).
Regulators Crack Down On Misleading Advertising And Performance Claims Related To COVID-19
Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice): Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below. Mondaq has a "free to view" business model.
Regulators Crack Down on Misleading Advertising and Performance Claims Related to COVID-19
Competition Bureau’s Position on Advertising During COVID-19 Pandemic In the context of COVID-19, the Competition Bureau (“Bureau”), in coordination with Health Canada, has indicated its intention to take action against companies that fail to comply with the Competition Act (the “Act”) and, in particular, its provisions relating to misleading advertising and performance claims.
Failing Firm Analysis
To print this article, all you need is to be registered or login on Mondaq.com. As previously discussed in our Refresher on the Failing Firm Defence, many companies will be facing insolvency or bankruptcy in the aftermath of COVID-19. This could lead to a situation in which financially stronger companies want to purchase struggling competitors.
Competition Bureau Provides Guidance on Failing Firm Analysis
As previously discussed in our Refresher on the Failing Firm Defence, many companies will be facing insolvency or bankruptcy in the aftermath of COVID-19. This could lead to a situation in which financially stronger companies want to purchase struggling competitors. In this context, it is likely that the Competition Bureau will be asked to approve otherwise “problematic” mergers on the basis of what is commonly known at the “failing firm” defence.
Html.Raw(New Competition Bureau Guidance On Competitor Collaborations During The COVID-19 Pandemic – Nice Try But Misses The Mark - Anti-trust/Competition Law - Canada)
To print this article, all you need is to be registered or login on Mondaq.com. The COVID-19 crisis has caused havoc to daily life and to economies around the world. Among other things, it has put immense pressure on businesses to coordinate and collaborate with each other in order to address unprecedented disruptions to major parts of the economy (e.g., shortages of essential goods and services, collapse of supply chains, mass bankruptcies).
Ontario Implements Price Gouging Measures: What You Need To Know
Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice): Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below. Mondaq has a "free to view" business model.
A Refresher On Performance Claims
To print this article, all you need is to be registered or login on Mondaq.com. On March 18, 2020, the Commissioner of Competition (the "Commissioner") issued an open letter to the executive members of the Canadian Bar Association's Competition Law Section regarding the impacts of the COVID-19 pandemic on the Competition Bureau's (the "Bureau") enforcement processes. In this letter, the Commissioner stated that "the Bureau may ...
New Competition Bureau Guidance on Competitor Collaborations during the COVID-19 Pandemic – Nice try but Misses the Mark | LexBlog
The COVID-19 crisis has caused havoc to daily life and to economies around the world. Among other things, it has put immense pressure on businesses to coordinate and collaborate with each other in order to address unprecedented disruptions to major parts of the economy (e.g., shortages of essential goods and services, collapse of supply chains, mass bankruptcies).
Refresher On The Failing Firm Defence
Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice): Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below. Mondaq has a "free to view" business model.
A Refresher on Performance Claims
On March 18, 2020, the Commissioner of Competition (the “Commissioner”) issued an open letter to the executive members of the Canadian Bar Association’s Competition Law Section regarding the impacts of the COVID-19 pandemic on the Competition Bureau’s (the “Bureau”) enforcement processes. In this letter, the Commissioner stated that “the Bureau may … need to prioritize urgent marketplace issues that require immediate action to protect Canadians”.
Ontario Implements Price Gouging Measures: What You Need to Know
Many have expressed concern that retailers are now incentivized to unilaterally increase the prices for products critical to the COVID-19 response. Canada’s competition enforcer, the Competition Bureau, does not have clear jurisdiction to regulate prices or otherwise directly prevent price gouging. However, the Ontario government is now expressly prohibiting price gouging for “necessary goods” (as defined).
Refresher on the Failing Firm Defence
In response to the COVID-19 virus, Canada’s federal government has restricted non-essential travel and closed the US border. Canada’s provincial governments have enacted highly restrictive measures including mandating the closure of facilities providing recreational programs (i.e. gyms), libraries, public and private schools, licensed childcare centres, bars and restaurants, theaters, cinemas and concert venues, and the list goes on.
Antirust/Competition, Foreign Investment and Marketing Law Implications of the COVID-19 Response: Practical Guidance for Business
Canada’s antitrust/competition, marketing and foreign investment laws continue to apply despite the global health and economic crisis arising from COVID-19. However, the enforcement of these law are being significantly impacted by the COVID-19 response. These developments are fast moving and change almost daily. Fasken’s continues to monitor these developments very closely.
Competition Bureau’s Marketing and Advertising Priorities: Dishonest Price Claims
On January 22, 2020, Josephine Palumbo, the Deputy Commissioner of the Deceptive Marketing Practices Directorate at the Canadian Competition Bureau (the “Bureau”), spoke at the Canadian Institute’s 26th Annual Advertising and Marketing Law Conference. During her remarks, titled Honest Advertising in the Digital Age, Ms. Palumbo identified the Bureau’s current enforcement priorities as they relate to advertising and marketing in the digital economy.
Competition Bureau's Marketing And Advertising Priorities: Dishonest Information About Data Privacy
To print this article, all you need is to be registered or login on Mondaq.com. On January 22, 2020, Josephine Palumbo, the Deputy Commissioner of the Deceptive Marketing Practices Directorate at the Canadian Competition Bureau (the "Bureau"), spoke at the Canadian Institute's 26th Annual Advertising and Marketing Law Conference.
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