Cartels 208 Canadian Chapter

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.

Smart glasses are rapidly transitioning from a novelty seen in movies to a mainstream workplace tool. Devices like the Ray-Ban Meta line and Samsung’s Google-powered glasses are being used across industries.

Navigating a shift in gender identity involves profound personal changes that extend into legal and estate planning considerations. Understanding how name changes, gender identifiers, pronouns, and medical directives intersect with wills and powers of attorney ensures that estate plans authentically reflect and honor a person's true identity throughout their life and after death.

Ontario's Bill 97 introduces sweeping reforms to freedom of information and privacy laws, fundamentally reshaping how public institutions handle access requests and protect personal data. The amendments establish new timelines, breach reporting requirements, and privacy impact assessment obligations that will require significant operational changes.

Lisa and Arturo will examine common leasing challenges, emerging trends and key considerations providing attendees with practical strategies they can apply in their day-to-day leasing matters.

Ontario's Minister of Municipal Affairs and Housing has taken the rare step of referring Toronto's Official Plan Amendment 804 to the Ontario Land Tribunal for recommendation. This referral involves the redesignation of certain Employment Areas and will have significant implications for how the province's new "area of employment" regime is applied across Ontario. The Tribunal's forthcoming recommendation will be closely watched by municipalities and stakeholders throughout the province.

August continues to be a busy month for the Court of Appeal of Ontario with another significant decision for Ontario employers and employees.[1] In Wigdor v Facebook Canada Ltd., the Court of Appeal provided clarification...

Recent court decisions reveal a developing area of cyber insurance subrogation where insurers can potentially recover losses from vendors, financial institutions, and service providers who failed to meet specific cybersecurity obligations. These cases demonstrate that a cybercriminal's involvement does not automatically shield third parties from liability when they breach contractual duties or ignore red flags that contributed to the loss.

On July 28, 2026, the Ontario Securities Commission’s (OSC) released its 2025 Crypto Assets Survey.[1] The report provides a useful snapshot of how Canadians engage with cryptocurrency assets...

Commercial real estate transactions often begin with agreed-upon purchase prices based on surface-level criteria, but the true nature and value of a property only emerges through comprehensive due diligence. Beyond simply identifying risks, thorough legal and physical investigation can reveal hidden opportunities, inform negotiation leverage, and ultimately determine whether a deal truly aligns with a purchaser's investment objectives. Understanding what due diligence can uncover—from title restrictio

The Ontario Court of Appeal has resolved a critical question about employment contract enforceability, determining whether common phrases like "at any time" and "for any reason" in termination provisions violate employment standards legislation. The decision addresses conflicting lower court rulings and establishes new guidance on how courts should interpret termination clauses in employment agreements.