Abuse Of Dominance - October 2015

The September 2026 issue of Blakes Competitive Edge examines recent developments in Canadian competition and foreign investment law, including the Competition Bureau's application to block a major food industry acquisition and new national security reviews under the Investment Canada Act.

On July 15, 2026, the Competition Bureau (the “Bureau”) released its proposed Cartel Enforcement Guidelines (the “Guidelines”) for public consultation. The Guidelines, intended to improve transparency and predictability, provide the Bureau's updated enforcement framework for sections 45 to 49 of the Competition Act (the “Act”), consolidating and modernizing guidance previously contained in the Bureau's Competitor Collaboration Guidelines and Enforcement Guidelines on wage-fixing and no-poaching agreements.

The Competition Bureau has signaled increased enforcement activity regarding exclusive use clauses in commercial leases following amendments to the Competition Act. This update examines emerging responses from the commercial leasing industry and provides guidance on factors landlords and tenants should consider when negotiating lease restrictions in light of heightened regulatory scrutiny.

This past June we wrote about the implications for agribusinesses resulting from the Canadian Competition Bureau’s declared intention to scrutinize the agricultural and food sector for anti-competitive conduct.

Découvrez les développements récents en droit de la concurrence et de l'investissement étranger au Canada, incluant les activités d'application de la loi du Bureau de la concurrence, les examens de fusions par secteur, et les nouvelles accusations criminelles pour pratiques commerciales trompeuses. Cette édition analyse également les tendances clés en matière d'investissements étrangers culturels et non culturels sous la Loi sur Investissement Canada.

The amendments expanded the Competition Bureau’s ability to challenge mergers, and directed greater attention toward smaller and serial acquisitions. The practical result is an environment characterized by longer and more intensive merger reviews, increased scrutiny of transactions that fall below the notification thresholds, and greater willingness by the Bureau to litigate.

The Canadian Competition Bureau's enforcement activity intensifies with criminal charges in a deceptive marketing case, while merger review volumes climb and new guidance emerges on private access to the Competition Tribunal. How are these developments reshaping the competitive landscape for businesses operating in Canada?

Canada's Competition Bureau has released draft Cartel Enforcement Guidelines that consolidate and update guidance on criminal cartel provisions, introducing significant new positions on bid-rigging, foreign-based conspiracies, facilitating practices like MFN clauses, franchise systems, and employer agreements. These proposed guidelines expand the Bureau's enforcement approach beyond established case law and warrant careful attention from Canadian businesses operating in competitive markets.

Le Bureau de la concurrence du Canada intensifie ses activités d'application de la loi avec 116 examens de fusions réalisés au premier semestre 2026, une enquête sur les contrôles de propriété d'Empire Company Limited dans la chaîne d'approvisionnement alimentaire, et la publication de nouvelles lignes directrices sur les cartels. Les développements récents incluent également une entente par voie de consentement avec BVD Petroleum concernant l'acquisiti

When promotion and relegation rules in professional sports leagues create unequal treatment between teams, they may raise significant competition law concerns beyond mere sports governance. A recent Belgian Competition Authority decision demonstrates how league rules protecting certain teams from relegation while disadvantaging others can attract regulatory scrutiny, with potential implications for how Canadian competition law might evaluate similar frameworks in professional sports.

Davies Ward Phillips & Vineberg LLP provides legal expertise across multiple practice areas including fund formation, competition law, antitrust, foreign investment, and venture capital. The firm's Toronto-based partners offer specialized counsel to clients navigating complex regulatory and transactional matters. Contact information and professional backgrounds are available for key team members specializing in these areas.

Canada's mining sector is experiencing a wave of consolidation driven by strong commodity prices, competition for quality assets, and supply-chain security concerns. Despite increasing regulatory scrutiny and geopolitical risk, the market remains active with fewer but larger transactions, particularly in precious metals and critical minerals. Government policy and strategic considerations are increasingly shaping investment decisions as new resources become harder to find in lower-risk jurisdictions.

In an article titled “Culture, Entertainment and Gourmet Cuisine as Drivers of Foot Traffic,” published in the latest issue of Commercial Real Estate Magazine, Anthony Arquin, together with Anissa Errai (SGM Agency) and Valérie Thomas (Narval), explores the evolving retail landscape

The Federal Court of Appeal has issued a significant ruling affecting the taxation of non-resident professional athletes in Canada. This decision provides important clarity on how tax obligations are determined for athletes competing across international borders. The ruling has implications for sports organizations, athletes, and tax practitioners dealing with cross-border employment taxation issues.

Davies Ward Phillips & Vineberg LLP has submitted a comprehensive comment letter addressing the Canadian Securities Administrators' proposed changes to take-over bid, beneficial ownership reporting, and issuer bid regimes.

Davies Ward Phillips & Vineberg LLP provides legal expertise across public law and litigation matters, with key contacts including partners Matthew Milne-Smith in Toronto and Jean-Philippe Groleau and Guillaume Charlebois in Montréal. The firm offers comprehensive legal services with offices positioned to serve clients across multiple jurisdictions.

Canada's Competition Bureau has significantly altered its merger review approach since 2022 amendments to the Competition Act, with more transactions classified as complex and longer review timelines. The Bureau is also issuing fewer Advance Ruling Certificates while parties increasingly employ "pull and refile" strategies to avoid Supplementary Information Requests, raising important questions about the practical implications of the new remedial standard.

Effective CEO succession planning requires careful board oversight and strategic preparation. This guide examines the critical role boards play in ensuring smooth leadership transitions and maintaining organizational continuity during periods of executive change.

This comprehensive guide examines the pre-merger notification requirements under Canada's Competition Act, providing essential information for parties considering transactions that may trigger mandatory filing obligations. The guide outlines the thresholds, procedures, and compliance considerations that businesses must navigate when planning mergers and acquisitions in the Canadian market.

Davies' Investment Canada Act guide provides foreign investors with essential information about national security reviews and net benefit assessments when establishing or acquiring Canadian businesses. The comprehensive resource outlines review processes, timing considerations, and regulatory requirements that non-Canadian entities must navigate when investing in Canada.