5 Takeaways From The 2019 ABA Antitrust Spring Meeting

Welcome to the October 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.

Amazon has agreed to pay a $1,000,000 administrative monetary penalty and $60,000 in Competition Bureau costs, following the Bureau's conclusion that Amazon did not substantiate its sale prices.

The Competition Bureau of Canada has entered into a consent agreement with Empire Company Limited, parent of major grocery chains including Sobeys and Safeway, restricting the company's use of property controls that limit competition. This agreement prohibits Empire from enforcing certain restrictive covenants and exclusivity clauses that prevent other grocers from operating nearby, despite Empire's earlier voluntary commitments. The Bureau's action signals heightened regulatory scrutiny of property control

Canada's Competition Bureau has released updated guidelines addressing environmental claims and greenwashing under the Competition Act. The guidelines establish six compliance principles and clarify how businesses must substantiate environmental benefit claims following recent legislative amendments, including changes introduced by Bill C-15 that provide greater flexibility in substantiation methods while maintaining evidence requirements.

More particularly, the Plaintiff had argued that the drip pricing provision in subsection 52(1.3) of the Competition Act requires “all-inclusive pricing” and forbids all forms of “fragmented or segmented pricing,” and that Ticketmaster’s partitioned price representations are thus prohibited as a criminal conduct and amount to false or misleading representations covered by the criminal misleading advertising provision in section 52

Canada and the European Union have launched the Alliance for the Future initiative, marking a significant milestone in transatlantic cooperation with the conclusion of negotiations on a groundbreaking Competition Agreement.

Canadian businessman John Bennett will be extradited to the US face bid-rigging, fraud, conspiracy, and kick-back charges, the BC Court of Appeal held recently.

In the current economic environment, many businesses may feel pressured to get creative with their marketing and pricing strategies to remain competitive.

Minimum advertised pricing (MAP) policies have come under the Competition Bureau’s microscope. The Bureau announced on September 28, 2026, that it has launched an investigation into whether MAP policies in the grocery sector are limiting competition among grocers and keeping lower prices out of reach for consumers.

Canada's Competition Bureau has clarified that existing competition laws apply fully to AI-related business conduct, with no special exemptions for artificial intelligence technologies.

A regulatory shift now under consideration in Ontario could reshape how the province’s medical aesthetic clinics operate. The proposal, which would change how nurses are authorized to administer medical aesthetic services, invites a broader look at how Ontario currently regulates cosmetic injections and how the proposed changes would align the province more closely with the regulatory frameworks already in place elsewhere in Canada. While these procedures are often marketed as routine “spa” services, they remain medical acts that involve prescription products and carry clinical risks.

Starting November 1, 2026, BC's pay transparency reporting obligation expands to cover employers with 50 or more employees, significantly broadening the scope of the Pay Transparency Act and Pay Transparency Regulation (the "Act").

These ailments are usually short-term conditions, which can be reliably self-diagnosed and managed with minor treatment and minimal follow-up care.

Effective September 8, 2026, Canada implemented retaliatory tariffs on certain U.S. goods in response to the initial 50% tariffs imposed by the US under Section 338 of the Tariff Act of 1930. To operationalize these measures, the Canada Border Services Agency (CBSA) issued Customs Notice 26-23, establishing binding administrative rules on how the surtax will be applied, calculated, and collected.

The Office of the Superintendent of Financial Institutions (OSFI) published its third quarterly release of the year on September 10, 2026, noting that the targeted adjustments made to its guidance were made with a view to supporting a resilient and competitive Canadian financial system.

The Bank of Canada (the “Bank”) has published two proposed guidelines relating to the accreditation process for prospective participants under the Consumer-Driven Banking Framework: the Participating entity accreditation application requirements under the Consumer-Driven Banking Act (the “Participating Entity Guideline”) and the Third-party service provider accreditation application requirements under the Consumer-Driven Banking Act (the “TPSP Guideline”).

On July 29, 2026, Health Canada announced that it had obtained a permanent injunction against a Québec-based company in connection with the sale of unauthorized injectable peptides in Canada. The announcement reflects Health Canada’s continued focus on peptide products and serves as a reminder that injectable peptides intended for human use are regulated as prescription drugs and are subject to Canada's drug regulatory framework.

This Bulletin summarizes key regulatory developments impacting the payments sector in 2025 and looks ahead to 2026.

A new regulatory framework for measuring and monitoring the energy performance of Québec’s building stock took effect on July 8, 2026, under the Regulation respecting the mandatory reporting of the environmental performance of certain buildings (the “Regulation”).

Under Order in Council 1358-2026, the Québec government authorizes, from September 7, 2026 to January 31, 2027, the Centre d'acquisitions gouvernementales (the “CAG”) to depart from the general principle that public calls for tenders must be open and without discrimination to foreign suppliers from jurisdictions bound by an intergovernmental agreement with Québec.