Welcome to the March 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 revises the Guidelines on the National Security Review of Investments.
- Google responds to the Bureau’s abuse of dominance application and challenges the constitutionality of the new abuse of dominance administrative monetary penalties under the Competition Act.
- The Bureau reasserts its claims that Rogers’ advertising of its Infinite wireless plans constituted deceptive marketing at the Competition Tribunal.
Competition Act
Merger Monitor
February 1 – February 28, 2025 Highlights
- 19 merger reviews announced, 20 merger reviews completed
- Primary industries of completed reviews: real estate and rental and leasing (20%); wholesale trade (15%); manufacturing (10%); utilities (10%); finance and insurance (10%); mining, quarrying, and oil and gas extraction (10%)
- 16 transactions received a No Action Letter (80%); three transactions received an Advanced Ruling Certificate (15%); one transaction was abandoned by the merging parties (5%)
January – February 28, 2025 Highlights
- 37 merger reviews announced, 39 merger reviews completed
- Primary industries of completed reviews: real estate and rental and leasing (23%); wholesale trade (15%); manufacturing (13%); finance and insurance (13%); transportation and warehousing (8%); utilities (8%)
- 26 transactions received a No Action Letter (67%); 11 transactions received an Advance Ruling Certificate (28%); one transaction was abandoned by the merging parties (3%); and one transaction was resolved through other means
Merger Reviews Completed Year to Date Through February 28, 2025, by Primary Industry 
Enforcement Activity
Bureau Investigates Use of Algorithmic Pricing to Set Rental Rates in Real Estate Market
- On February 18, 2025, the Bureau indicated that it is investigating whether landlords are using algorithmic pricing schemes to set rental rates. Algorithmic pricing involves the use of artificial intelligence (AI)-driven software to track competitors‘ rental rates and collect personal data, which the Bureau alleges may potentially lead to coordinated price increases. This investigation follows an August 2024 United States Department of Justice antitrust lawsuit filed against RealPage Inc., a property management software company and several landlords. The defendants allegedly engaged in algorithmic pricing schemes that had the effect of raising rental prices. For more information on the Bureau’s recent report on AI and its potential impact on Canadian competition law, see the Blakes Competitive Edge™: February 2025 Update.
Google Launches Constitutional Challenge in Response to Bureau’s Abuse of Dominance Application
- On February 14, 2025, Google Canada and Google LLC (Google) filed a response and notice of constitutional question before the Competition Tribunal (Tribunal) in response to the Bureau’s November 2024 application, which had alleged that Google abused its dominant position though anti-competitive practices relating to its advertising technology tools. Among other things, Google argues that (1) the Bureau seeks to “cast a sinister light” on its innovations, which it claims are legally benign, pro-competitive and beneficial to industry participants; (2) providers of advertising technology tools operate on a single, two-sided transaction platform market that is broader than the Bureau’s proposed “digital advertising” relevant market definition; and (3) subsection 79(3.1) of the Competition Act, which enabled the Bureau to seek an administrative monetary penalty in an amount equal to three times the value of the benefit allegedly derived from Google’s purported anti-competitive practices or, if that amount cannot be reasonably determined, 3% of Google’s worldwide gross revenues as a remedy is unconstitutional. For more information on the Bureau’s application against Google, see the Blakes Competitive Edge™: December 2024 Update.
Bureau Replies to Rogers’ Defence of its Infinite Wireless Phone Plan Advertising Practices
- On February 6, 2025, Rogers Communications Inc. (Rogers) filed a response to the Bureau’s December 2024 application at the Tribunal, which alleged that Rogers had and continues to engage in deceptive marketing practices in relation to its Infinite wireless phone plans. Rogers contends that its market practices comply with legal and regulatory requirements and do not harm competition. They also assert that the Bureau’s investigation and its resulting claims ignore widespread consumer understanding of unlimited wireless data plans and target Rogers for an industry-wide practice. On February 20, 2025, the Bureau filed a reply, which, among other things, posits that (1) Rogers was aware of the Bureau’s position that telecommunication services should not be marketed as unlimited if they were in fact limited; (2) Rogers’ advertisements assumed that customers would interpret the word “unlimited” in a manner opposite of its plain language meaning; and (3) the fact that some consumers would not hit the data caps associated with the Infinite wireless phone plans would not cure Rogers’ alleged deceptive marketing practices. For more information on the Bureau’s investigations into Rogers’ unlimited data plans, see the Blakes Competitive Edge™: December 2023 Update and the Blakes Competitive Edge™: January 2025 Update.
Non-Enforcement Activity
Bureau Submits Comments on the CRTC’s Consultation on Improving Consumer Notification
- On March 4, 2025, the Bureau announced that it has submitted comments in response to the Canadian Radio-television and Telecommunications Commission (CRTC)’s consultation on improving the 90-day notice that customers of wireless phone and internet services receive before their service contracts expire. The consultation aims to enhance consumer choice and competition by ensuring that customers have the necessary information to compare and switch between wireless phone and internet service plans and providers. The Bureau provided three recommendations to the CRTC: (1) standardized plan information and information about switching plans or providers should be provided in the 90-day notice; (2) 90-day notices should be formatted and delivered in a manner so that customers can easily access, understand and act upon them; and (3) the CRTC should continue its focus on improving competition in telecommunications markets.
Bureau and U.K. Competition and Markets Authority Sign Memorandum of Understanding
- On February 27, 2025, the Bureau announced that Matthew Boswell, Commissioner of Competition, and Sarah Cardell, Chief Executive of the United Kingdom’s Competition and Markets Authority (CMA), signed a memorandum of understanding that aims to increase the cooperation and coordination of competition law enforcement between Canada and the United Kingdom. Through the memorandum of understanding, the Bureau and the CMA are expected to meet regularly to exchange information on enforcement efforts, priorities and economic sectors, discuss how they promote competition, and exchange enforcement policy issues in their respective jurisdictions. At present, the Bureau has twenty cooperation instruments with several foreign competition authorities, including those located in Australia, the European Union, Mexico and the United States.
Investment Canada Act
Foreign Investment Monitor
Non-Cultural Investments
January 2025 Highlights
- One reviewable investment approval and 105 notifications filed (92 filed for acquisitions, 13 for the establishment of a new Canadian business)
- Country of ultimate control: United States (60%); France (8%); United Kingdom (4%); Germany (3%); Guernsey (3%); Sweden (3%)
Investment Canada Act Non-Cultural Investment Filings and Approvals, January 2025
Non-Enforcement Activity
Government of Canada Revises its National Security Review Guidelines
- On March 5, 2025, Innovation, Science and Economic Development Canada announced that revisions had been made to the Guidelines on the National Security Review of Investments (Guidelines). Among other things, the updated Guidelines introduce an additional factor that the Minister of Innovation, Science and Industry can consider during a national security review, namely the potential for an investment to undermine Canada’s economic security through the enhanced integration of the Canadian business with the economy, or any sector of it, of a foreign state. In assessing this factor, the Minister can consider, among other things, the size of the Canadian business, its place in the innovation ecosystem and the potential impact on Canadian supply chains. Further, the sensitive technology areas previously listed in Annex A of the Guidelines were replaced with the Government of Canada’s Sensitive Technology List, which was published on February 6, 2025. The Sensitive Technology List sets forth eleven technology areas that the Government of Canada considers as having national security implications. Finally, the Guidelines’ description of the national security review process was updated to reflect recent amendments to the Investment Canada Act made by Bill C-34, the National Security Review of Investments Modernization Act. For additional information on recent amendments to the Investment Canada Act, please see Next Steps in the Overhaul of the Investment Canada Act Come into Force.
Blakes Notes
- Blakes Competition, Antitrust & Foreign Investment group was once again recognized as a Band 1 ranking in the Chambers Global Guide 2025, which was published in February 2025.
- On March 5, 2025, Blakes Partners Julie Soloway, Cassandra Brown and Julia Potter spoke on the University of Toronto Faculty of Law’s in-person panel, titled “Women in Competition Law with Blakes”.
- On March 5, 2025, a new Enhanced Merger Thresholds Monitor was published on Kluwer Competition Law. The new tool, developed in collaboration with the Blakes Competition group and supporting local firms, covers new topics and existing key questions in merger control. The tool is available to Kluwer Competition Law subscribers here.
- 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.