Welcome to the February issue of Blakes Competitive Edge, a monthly publication of the Blakes Competition, Antitrust & Foreign Investment group. Blakes Competitive Edge provides an overview of recent developments in Canadian competition and foreign investment law, including updates on enforcement activity by the Canadian Competition Bureau (Bureau), recent initiatives and key trends.
Key Highlights
- The Government of Canada approves Bunge Global SA’s acquisition of Viterra Limited.
- Empire Company Limited agrees to remove property control in place at grocery store in Crowsnest Pass, Alberta.
- Five contractors fined after pleading guilty to a conspiracy related to social housing contracts in Brandon, Manitoba.
Competition Act
Merger Monitor
January 1 – January 31 Highlights
- 18 merger reviews announced, 18 merger reviews completed
- Primary industries of completed reviews: real estate and rental and leasing (28%); finance and insurance (17%); manufacturing (17%); transportation and warehousing (11%); wholesale trade (11%); construction (6%); utilities (6%); information and cultural industries (6%)
- Ten transactions received a No Action Letter (56%); eight transactions received an Advanced Ruling Certificate (44%)
Merger Reviews Completed Year to Date Through January 31, 2025, by Primary Industry
Enforcement Activity
Contractors Fined for Conspiracy Related to Social Housing Contracts in Brandon, Manitoba
- On February 6, 2025, the Bureau announced that five contractors pled guilty before the Manitoba Court of King’s Bench to counts of conspiracy under the Competition Act. A Bureau investigation in 2022 had determined that the contractors had manipulated 54 social housing refurbishment contracts awarded by the Manitoba Housing and Renewal Corporation between 2011 and 2016, valued in total at approximately C$3.5-million. As a result of the guilty pleas, the contractors were ordered to pay a combined total of C$196,000 in fines.
Empire Agrees to Remove Property Control in Crowsnest Pass, Alberta Following Bureau Investigation
- On January 16, 2025, the Bureau announced that following an investigation, Empire Company Limited (Empire) agreed to remove a property control that restricted retail grocery store competition in Crowsnest Pass, Alberta. Since 2017, a property control was in force that contributed to an IGA-branded location owned by Empire being the sole grocery store in operation within the municipality. Empire and George Weston Limited have been subject to ongoing Bureau investigations into their usage of property controls since June 2024. To inform their investigations into the industry as a whole and certain retailers, the Bureau invited market participants to provide input on the use of property controls within the Canadian grocery industry in October 2024. For more information on the Bureau’s investigations into Empire and George Weston Limited and their call-out for information on the Canadian grocery industry, see the Blakes Competitive Edge™: July 2024 Update and the Blakes Competitive Edge™: October 2024 Update.
Government of Canada Announces Approval of Bunge Global SA’s Acquisition of Viterra Limited
- On January 14, 2025, the Government of Canada announced its approval of Bunge Global SA’s proposed acquisition of Viterra Limited, following an extended Canada Transportation Act public interest assessment. Prior to the public interest assessment, the Bureau submitted a report to the transacting parties and the Minister of Transport, highlighting concerns that the proposed transaction would likely result in substantial anti-competitive effects. The parties ultimately agreed to certain terms and conditions geared towards addressing competition in Canada’s grain and oilseed sector, which included Bunge Global SA’s divestiture of six grain elevators located in Western Canada. For more information on the Bureau’s findings related to Bunge Limited’s acquisition of Viterra Limited, see the Blakes Competitive Edge™: May 2024 Update.
Individual Fined for Rigging Bids for Public Contracts in Quebec
- On January 14, 2025, the Bureau announced that a former executive for Pavages Maska Inc. pled guilty (judgment on sentence available in French) before the Superior Court of Québec to bid-rigging for a paving contract awarded by the Ministère des Transports du Québec in and around the Granby region in 2008. As a result of the guilty plea, the individual was ordered to pay a C$20,000 fine. In connection with the same bid-rigging allegations, a second individual was sentenced to twelve months of house arrest following a guilty plea in September 2024. For more information on the September 2024 conviction, see the Blakes Competitive Edge™: September 2024 Update.
Non-Enforcement Activity
Bureau Releases Artificial Intelligence and Competition Feedback Report
- On January 27, 2025, the Bureau published a report titled Consultation on Artificial Intelligence and Competition: What We Heard following its consultation on artificial intelligence (AI) and competition that was launched in March 2024. The Bureau’s consultation on its March 2024 AI discussion paper received 28 submissions from a range of domestic and international respondents. The Bureau listed the following as key takeaways from the feedback it received: (1) AI is rapidly advancing, affecting all areas and creating new market dynamics that can promote or hinder competition; (2) investment in AI, particularly by large incumbents, should be monitored as it may raise concerns about stifling competition and innovation; (3) AI can facilitate anti-competitive conduct, and it is uncertain whether current competition laws can effectively address such practices; and (4) the respondents offered numerous ideas for future consultations and collaboration opportunities relating to AI that involve the Bureau. For more information on the Bureau’s consultation and discussion paper on AI and competition, see the Blakes Competitive Edge™: April 2024 Update.
Investment Canada Act
Foreign Investment Monitor
Cultural Investments
Q3 Highlights
- Three reviewable investment approvals and two notifications filed (one filed for an acquisition, one for the establishment of a new Canadian business)
- Country of ultimate control: United States (100%)
Q1 – Q3 Highlights
- Five reviewable investment approvals and 11 notifications filed (six filed for acquisitions, five for the establishment of a new Canadian business)
- Country of ultimate control: United States (50%); Denmark (13%); United Kingdom (6%); Sweden (6%); Japan (6%); South Korea (6%); India (6%); Argentina (6%)
Investment Canada Act Cultural Investment Filings and Approvals, January – September 2024 
Non-Cultural Investments
December 2024 Highlights
- One reviewable investment approval and 90 notifications filed (74 filed for acquisitions, 16 for the establishment of a new Canadian business)
- Country of ultimate control: United States (62%); United Kingdom (8%); France (5%); Germany (4%); Japan (3%); United Arab Emirates (3%); Switzerland (2%); Italy (2%)
January – December 2024 Highlights
- Five reviewable investment approvals and 1,136 notifications filed (894 for acquisitions and 242 for the establishment of a new Canadian business)
- Country of ultimate control: United States (61%); France (6%); United Kingdom (5%); China (3%); Germany (3%); Sweden (2%); Japan (2%); India (2%)
Investment Canada Act Non-Cultural Investment Filings and Approvals, January – December 2024 
Blakes Notes
- The Blakes Competition, Antitrust & Foreign Investment group received nominations across four different categories for the Global Competition Review’s 2025 Awards. Blakes Partner Julia Potter was nominated for Lawyer of the Year – Under 40.
- Blakes Partners Kevin MacDonald and Jonathan Bitran shared insights on the latest developments in Canadian competition law in the January 2025 issue of The Legal Industry Reviews: Canada.
- On February 20, 2025, Blakes Partner Cassie Brown will be a speaker on the CBA Competition Law and Foreign Investment Review Section’s online panel, titled “Greenwashing: Differing Perspectives as the Bureau Works to Finalize its Guidelines.”
- On February 24, 2025, Blakes Partner Jonathan Bitran will be a speaker on the CBA Competition Law and Foreign Investment Review Section’s online panel, titled “Everything You Wanted to Know About Making Submissions to the Competition Bureau, but were Afraid to Ask!”
- On February 26, 2025, the CBA Competition Law and Foreign Investment Review Section’s Annual Criminal Matters Committee Town Hall will be hosted at the Blakes Toronto Office, moderated by Blakes Associate Joe McGrade.
- Browse our thought-leadership insights from the Competition, Antitrust & Foreign Investment group to learn more.
Contact Us
If you have any questions, please do not hesitate to contact your usual Blakes contact or any member of the Blakes Competition, Antitrust & Foreign Investment group.
