Competition Bureau Conducts Performance Review Of Its Mergers Branch

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.

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

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.

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

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.

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.

On September 24, 2026, the Competition Bureau (Bureau) announced it had entered into a consent agreement with Kalibrate Canada Inc. (Kalibrate) to address concerns regarding Kalibrate’s collection and distribution of detailed retail fuel data through its Kalibrate Market Intelligence product (KMI). More broadly, the matter signals the Bureau’s willingness to challenge information-sharing arrangements under multiple provisions of the Competition Act (Act), including through abuse of dominance where the intermediary itself is alleged to be dominant.

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.

To address these concerns, Sherwin-Willaims is required under the consent agreement to sell Valspar's assets related to industrial wood coatings in Canada and the U.S. to Axalta Coating Systems Ltd....

Canada's Competition Act has undergone significant reforms that expand enforcement powers, increase penalties, and broaden scrutiny of commercial conduct. These changes mean competition law considerations now extend well beyond mergers and acquisitions to encompass pricing practices, competitor collaborations, distribution arrangements, and marketing claims. Understanding these expanded requirements is essential for businesses operating in or entering Canadian markets.