Significant developments in Canadian competition and foreign
investment law and policy since March 2009 include:
The most significant amendments to the Competition Act
in its history, including the introduction of a per se
conspiracy offence and dual-track criminal/civil regime in the area
of competitor agreements, the decriminalization of predatory
pricing, price maintenance and price discrimination, and the
creation of a reviewable price maintenance provision. Bill C-10
also increased penalties for conspiracy, obstruction and
bid-rigging, and introduced significant new administrative monetary
penalties (AMPs) for abuse of dominance, as well as higher maximum
AMPs for civil deceptive marketing practices. Bill C-10 brought
Canada's merger review process more in line with that of the
U.S., and introduced substantial changes to the Investment
Canada Act such as a new national security review mechanism
and revised thresholds for review.
The appointment of a new Commissioner of Competition, Melanie
Aitken, in August 2009.
Issuance of number of significant policies by the Competition
Bureau including the Competitor Collaboration Guidelines,
the Merger Review Process Guidelines, and the Leniency
A number of consent agreements between the Bureau and merging
parties requiring divestitures in transactions, and a number of
Supplementary Information Requests (SIRs) under the new merger
The first-ever legal action against a foreign investor for
failing to comply with undertakings given as a condition of
A number of charges laid and/or pleas entered in relation to
price-fixing in retail gas in Québec, air cargo, and
The Bureau's initiation of an abuse of dominance
application against the Canadian Real Estate Association, and a
subsequent negotiated agreement resolving the Bureau's
Significant criminal and civil enforcement activity in the area
of false and misleading advertising.
An apparent lowering of the threshold for class certification
in competition class actions in British Columbia and Ontario.
The Commissioner of Competition addressed innovation, enforcement and policy initiatives at the Competition Bureau in his keynote speech, "Strengthening Competition: Innovation, Collaboration and Transparency."
Used car listing website operator CarGurus Inc.'s attempt to force rival Trader Corporation to supply it with vehicle listing data has encountered a dead end as the Competition Tribunal denied it leave to commence a private application under several provisions of the Competition Act.
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