Competition Law

This toolkit outlines the key competition law issues a company may face when carrying out mergers and acquisitions in Canada, and offers practical guidance on deal preparation, negotiations and the merger review process. Unique to Canada, the guide also looks at the efficiencies defence that may be applicable to getting your deal through.

As discussed in our June 2024 bulletin Canada’s New Greenwashing Laws Enacted, recently introduced amendments to the Competition Act regarding the making of untested or unsubstantiated representations about the environmental benefits of a product or business (“greenwashing”) have created significant uncertainty, risks and potential liability for Canadian businesses. The new greenwashing provisions have been a focus of media and public attention, with businesses and others requesting guidance from the Competition Bureau (Bureau) regarding its approach to the enforcement of these provisions.

On June 20, the federal government passed amendments to the Competition Act (Act) that target “greenwashing” (i.e., making untested or unsubstantiated claims about the environmental benefits of a product or business). These amendments create substantial uncertainty, risks and potential liability for businesses, which could undermine the environmental initiatives of Canadian corporations.

Significant and wide-ranging amendments to the Competition Act have received royal assent on June 20, 2024. This is the third wave of amendments, following amendments adopted in 2022 and 2023, with broad implications for all businesses across Canada.

Recent and upcoming amendments to Canada’s Competition Act amount to the most sweeping changes in a generation and will have broad implications for businesses in Canada.The latest amendments are expected to become law soon. Join our special guest, Goldy Hyder, President and CEO of the...

Competition law in Canada continues to expand in scope and importance. Given recent and pending reforms, a wider range of practices can be subject to investigations under the Competition Act (Act), penalties for non-compliance are more significant and private parties will soon be able to bring disgorgement claims for practices that were otherwise considered relatively benign.

Competition law reform in Canada is in full swing, with several important changes to the Competition Act (Act), including new rules relating to market studies, mergers and abuse of dominance now in effect. Additional amendments will come into force in December 2024. These changes were previewed in our Blakes Bulletin: Canadian Government Introduces Important Amendments to the Competition Act. However, the final legislation contains a number of important additional changes, all of which are summarized below.

As of December 15, 2023, the Canadian Competition Bureau (“Competition Bureau”) has wide-ranging powers to investigate entire industries or specific market participants such as your business, collect documents and data, interview executives and employees, and – alone or with federal prosecutors – bring expensive and public legal actions with the information it obtains.

On November 28, 2023, the Canadian government proposed significant and wide-ranging amendments to the Competition Act (Act) that were previewed in the government’s Fall Economic Statement. These additional reforms may be passed into law as early as the end of the year. They will not only affect businesses’ conduct and their efforts to engage in transactions but substantially increase risks associated with non-compliance, and therefore, the approach to competition law compliance.

On November 21, 2023, the Canadian federal government released its Fall Economic Statement (FES) laying out the government’s economic plan and next legislative steps. It signaled, among other things, additional expansive amendments to the Competition Act (Act) addressing a wide range of practices including mergers, abuse of dominance, competitor collaborations, advertising and others.

On September 21, 2023 the federal government proposed key amendments to the Competition Act (Act). The proposed amendments follow the Prime Minister’s recent announcement that the government would introduce changes to the Act designed to “enhance competition across the Canadian economy, with a focus on the grocery sector, which would help drive down costs for middle-class Canadians.”

On June 23, 2023, significant changes to the Canadian Competition Act (Act) came into effect.

Employers in Canada have additional guidance on the enforcement of the criminal prohibition against wage-fixing and no-poach agreements. The Enforcement Guidelines, published on June 30, 2023, are part of the Competition Bureau’s commitment to transparency and predictability. The guidance comes into force on June 23.

The new wage-fixing and no-poaching provision under the Competition Act will soon come into force. This pending change in the law involves the potential for significant criminal and financial penalties. It is critical that employers stay informed and implement best practices to ensure compliance.

Upcoming sweeping changes to Canada’s competition and foreign investment rules will affect all Canadian businesses, foreign investors and dealmakers in both their day-to-day business operations and their successful transaction and investment planning. These changes are imminent and will take place in the context of a global clash of political views on the role of competition and foreign investment rules.

On March 15, 2023, the Canadian Competition Bureau (Bureau) published its submission to the Canadian government (Government) recommending numerous reforms to the Competition Act (Act). The Bureau’s submission is part of a wide-ranging public consultation that the Government initiated in November 2022 in connection with its review of the Act and invites feedback from a broad range of stakeholders on the future of the Act and competition policy in Canada.

Although a late adopter, Canada will soon be criminalizing wage-fixing and no-poaching agreements between businesses. In the latest episode of our podcast, Blakes lawyers David Dueck and Julia Potter tell us about these new provisions of the Competition Act and how they could expose parties to severe consequences.

On November 17, 2022, the Minister of Innovation, Science and Industry (Minister) announced the commencement of a review of the Competition Act (Act). The review is the next step in the Minister’s efforts to modernize the Act, following an increase in the Competition Bureau’s budget announced in the government’s 2021 budget, and amendments to the Act that were enacted on June 23, 2022.

On June 23, 2022, the Canadian Parliament passed a statute implementing legislative changes that significantly expand the scope of the Canadian Competition Act.

Following recent announcements by the Minister of Innovation, Science and Industry, the Government of Canada has now proposed amendments that would significantly expand the scope of the Competition Act to businesses operating in Canada.