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Canada

Canada’s Competition Act: The Reform Process Continues
 |  Nov 13, 2023

By Thomas W. Ross1   The process of revisiting the elements, and even the goals, of competition policy in Canada continues, with important recent steps including the conclusion of extensive…

Beware Ex Ante Regulation: Introducing “Cut and Paste” Ex Ante Regulations in Canada Against Select Big Tech Companies is Just Bad Economic and Legislative Policy
 |  Apr 20, 2023

This paper examines the international and Canadian debate around ex ante regulations for Big Tech platform companies. The paper explores the need for and costs associated with ex ante regulation…

Much Ado About Nothing? An Examination of Canada’s Efficiencies Defense
 |  Apr 16, 2023

By Michael Caldecott & Erin Keogh1   I. Introduction Canada’s competition regime substantively mirrors the regimes of other mature jurisdictions in almost all respects. The most noteworthy exception is Canada’s…

Proposed Revision of the Efficiency Defense for Mergers in Canada’s Competition Act
 |  Jun 22, 2022

By Calvin Goldman, Richard Taylor, Nicolas Cartel, & Larry Schwartz1   In response to the consultation process initiated by Senator Howard Wetston “to promote additional dialogue on paths forward for…

Canada Looks at Revising Its Competition Act
 |  Apr 3, 2022

By Thomas W. Ross1   Momentum is building for a potentially far-reaching review of Canada’s competition regime.2 Canada does not modify its competition statute frequently. The first competition statute in…

Skating on Thin Ice: Why Canadian Competition Policy Should Not Be Determined by U.S. Antitrust Enforcement
 |  Dec 7, 2021

By Navin Joneja & Matthew Prior1   The Biden Administration’s approach to aggressive antitrust enforcement is by now well documented, and serves as a stark reminder that U.S. policies can…

Canada’s Expanding Approach to National Security in Foreign Investment Reviews
 |  Jul 14, 2021

The primary focus of Canada’s review of foreign investments has shifted from an assessment of an investment’s economic benefits in Canada to an assessment of national security risks. The range…

The Competition Bureau’s Journey Towards Inclusive Competition
 |  Apr 26, 2021

The Competition Bureau Canada is moving toward more inclusive competition law enforcement and promotion. We have been working with the Organisation for Economic Co-operation and Development and applying the Government…

Maximizing the Competitive Potential of Open Banking: Insight from the Canadian Conversation
 |  Apr 12, 2021

Open banking allows users to securely transfer information between financial service providers. This eases consumer switching and incentivizes the development of a range of innovative new financial service products. However,…

No-Poach and Wage-Fixing Agreements in Canada – So What’s the Issue?
 |  Mar 29, 2021

By Chris Margison & Robin Spillette1   Introduction The application of antitrust laws to no-poach2 and wage-fixing agreements3 is currently being debated in many jurisdictions around the world. While it…

Designing The ICN
 |  Jan 24, 2021

By Konrad von Finckenstein1   The May issue of this publication carried an article entitled “(Nearly) a century of ICN.”2 On the issue of design, the authors state: Through both…

Canadian Merger Review: Assessing Failing Firm Claims in Market Conditions Disrupted by COVID-19
 |  Sep 7, 2020

The disruption of the economy due to COVID-19 is leading some companies to experience financial difficulties and struggle for survival. It is not unlikely that competition authorities will face an…

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