fmc-law.com RSS Feeds - Publications - Competition | Antitrust | Foreign Investment Reviewhttp://www.fmc-law.com/upload_net/rss/en/Competition_Antitrust.xmlThu, 31 May 2012 10:01:07 GMTen-us5In this issue of Focus on Competition | Antitrust | Foreign Investment, the following items are discussed: Canadian Competition Bureau Wins Contested Merger Case for Non-Notifiable Transaction Unfinished Business: Industry Minister Heralds Higher Review Threshold for Foreign Investments To read more, please click the download button.http://www.fmc-law.com/Publications/0512_Focus_On_Competition_Antitrust.aspxWed, 30 May 2012 06:00:00 GMThttp://www.fmc-law.com/Publications/0512_Focus_On_Competition_Antitrust.aspxOn March 30 of this year, in response to a question about whether the Canadian government would permit a takeover of Blackberry maker Research In Motion, Canadian Finance Minister Flaherty commented that shareholders of Research In Motion were the “masters of their own destiny”. This comment was widely reported as signalling the Canadian Government’s openness to a foreign takeover of the Canadian icon and was good news for foreign investors Read more by clicking the download button.http://www.fmc-law.com/Publications/0512_Focus_on_Foreign_Investment_Review.aspxTue, 01 May 2012 06:00:00 GMThttp://www.fmc-law.com/Publications/0512_Focus_on_Foreign_Investment_Review.aspx2011 saw a very active enforcement year for the Competition Bureau, while foreign investor jitters about Canada’s openness to investment following the Government’s rejection of BHP Billiton’s bid for Potash Corporation of Saskatchewan were somewhat allayed. This review highlights the most significant events in competition law and foreign investment review in 2011 and identifies developments to watch out for in 2012. Read more by clicking the download button.http://www.fmc-law.com/Publications/0212_Focus_on_Competition_Antitrust_January2012.aspxFri, 03 Feb 2012 07:00:00 GMThttp://www.fmc-law.com/Publications/0212_Focus_on_Competition_Antitrust_January2012.aspxThe legal basis of cartel prohibition in Canada is the Competition Act, which contains both civil and criminal prohibitions against cartel activity. Criminal cartel provisions came into effect in March 2010 which created a dual-track approach to cartel prohibition. The criminal track is intended for prosecution of “hard-core” cartels. Amendments to section 45 of the Competition Act provide that any person who conspires, agrees or arranges with a competitor: to fix, maintain, increase or control the price for the supply of a product; to allocate sales, territories, customers or markets for the production or supply of a product; or to fix, maintain, control, prevent, lessen or eliminate the production or supply of a product, is guilty of an indictable offence and liable to imprisonment for a term not exceeding 14 years or to a fine not exceeding $25 million, or to both. Proof of impact on competition is not a requisite element of the offence. Conviction requires proof of the offence beyond a reasonable doubt. Republished with permission from Global Legal Group Ltd. Read more by clicking the download button.http://www.fmc-law.com/Publications/1211_International_legal_guide_cartels_Susan_Paul.aspxWed, 07 Dec 2011 07:00:00 GMThttp://www.fmc-law.com/Publications/1211_International_legal_guide_cartels_Susan_Paul.aspxOn July 21, 2011, the Competition Bureau (the "Bureau") released two new Interpretation Guidelines (the “Interpretation Guidelines”) setting out the Bureau's approach to notifiable transactions in the context of unsolicited or hostile transactions. "Hostile Transactions Interpretation Guideline Number I: Bureau Policy on Disclosure of Information" replaces a June, 2010 policy statement and states that while the Bureau generally protects information provided to or obtained by it under the Act, in the context of a hostile transaction it is obliged to immediately advise a target entity of receipt of a notification filing from a bidder. This guideline also states that the Bureau will provide information typically disclosed in the context of a non-hostile transaction (such as the complexity designation of the transaction, the anticipated timing of the Bureau's review, etc.) to both the target and the bidder in an equitable manner, subject to statutory restrictions on the disclosure of confidential information. Read more by clicking the download button.http://www.fmc-law.com/Publications/0811_Focus_On_Competition_Antitrust.aspxTue, 16 Aug 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/0811_Focus_On_Competition_Antitrust.aspxIn the Expert Forum of the Global Business Magazine, Sandy Walker and Bill Jenkins provide insight into the foreign investment approval regime in Canada and lessons to be learned from recent M&A experience in Canada, including BHP Billiton's aborted bid for Potash Corporation of Saskatchewan. Republished with permission from the Global Business Magazine. For further information, please visit http://www.gbmonline.net/e-mag.cfm Read more by clicking the download button.http://www.fmc-law.com/Publications/0811_Recent_Canadian_M_A_Activity_Global_Business_Magazine.aspxMon, 01 Aug 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/0811_Recent_Canadian_M_A_Activity_Global_Business_Magazine.aspxSusan Paul and Barry Zalmanowitz, Q.C., contributed to The Handbook of Competition Enforcement Agencies 2011, a Global Competition Review special report published in association with Fraser Milner Casgrain LLP. Canadian competition law is governed by the Competition Act (the Act), which includes criminal provisions, provisions for merger review and civil provisions relating to abuse of dominance. The commissioner of competition (the commissioner) heads the Competition Bureau (the Bureau) and has responsibility for administration and enforcement of the Act. Criminal cartel cases are prosecuted by the director of public prosecutions (the DPP) in the courts. The Competition Tribunal (the Tribunal) can, on application to the commissioner, grant remedial orders in merger and abuse of dominance cases. Guidelines published by the Bureau set out the commissioner’s approach to enforcing the merger, abuse of dominance and cartel provisions. This publication also includes discussions on the following: Cartels Immunity and leniency programmes Merger notification and review Abuse of dominance   Republished with permission. An extract from the 2011 Handbook of  Competition Enforcement Agencies - a www.GlobalCompetitionReview.com  special report. Read more by clicking the download button.http://www.fmc-law.com/Publications/0711_Handbook_Competition_Enforcement_Agencies_2011.aspxTue, 12 Jul 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/0711_Handbook_Competition_Enforcement_Agencies_2011.aspxIn this issue of Focus on Competition | Antitrust, the following items are discussed: Draft Revised Merger Enforcement Guidelines Issued Commissioner of Competition Challenges Air Canada and United Continental Joint Venture Bell Canada Agrees to Pay $10 Million Penalty For Misleading Advertising To read more, please click the download button.http://www.fmc-law.com/Publications/0711_Focus_on_Competition_Antitrust.aspxWed, 06 Jul 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/0711_Focus_on_Competition_Antitrust.aspxBarry Zalmanowitz, Q.C., Sandy Walker, Jenelle Matsalla co-wrote the article "Visa and MasterCard Rules Challenged by The Competition Bureau" published in the National Banking Law Review. On Wednesday, December 15, 2010, the Competition Bureau announced that it filed an application with the Competition Tribunal for a remedial order prohibiting Visa and MasterCard from enforcing or continuing to impose their allegedly restrictive and anti-competitive terms on merchants accepting their credit cards. Reproduced with permission of the publisher from National Banking Law Review, Vol. 30, No. 2, April 2011. Read more by clicking the download button.http://www.fmc-law.com/Publications/0411_Visa_Mastercard_Rules_Competition_Bureau_NBLR.aspxTue, 21 Jun 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/0411_Visa_Mastercard_Rules_Competition_Bureau_NBLR.aspx