Competition Tribunal Limits Right of Third Parties to Set Aside Consent Agreements

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

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.

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

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.

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....

Loblaw Companies Limited agreed to sell 18 retail stores and 9 pharmacies, as well as to abide by certain behavioural restrictions, in order to receive Competition Bureau approval of its acquisition of Shoppers Drug Mart Corporation. Loblaw entered into a consent agreement with the Bureau on March 21, following the Bureau’s review of the proposed acquisition.

Canada and the United States have escalated their trade war with new retaliatory tariffs and import prohibitions taking effect in September 2026. What specific goods are now subject to these measures, and how do the complex layers of tariffs interact to impact cross-border commerce? This comprehensive analysis breaks down the latest developments in the deteriorating Canada-U.S. economic relationship.

As Canada and the United States escalate their trade dispute with new retaliatory tariffs, businesses face mounting compliance challenges across multiple sectors. This analysis examines the comprehensive tariff landscape affecting bilateral trade, including Canada's September 8, 2026 surtaxes on U.S. imports and the corresponding American section 338 tariffs, detailing rates, exemptions, and the legal frameworks governing these measures.

The Canada Revenue Agency has announced a new priority system for advance income tax ruling requests, targeting investments of at least $1 billion in Canada. This initiative aims to accelerate the tax certainty process for major investors by reducing processing times and providing binding guidance on how specific Income Tax Act provisions apply to proposed transactions.

Canada's new Productivity Mega Deduction permanently provides immediate expensing for a wide range of depreciable property and Canadian development expenses, dramatically expanding the scope beyond the previously announced Productivity Super Deduction. The measure aims to reduce Canada's marginal effective tax rate on new business investment to 6.4%, positioning it as the lowest among major economies and less than half the U.S. rate.

This comprehensive legislative update covers recent regulatory changes, proclamations, and proposed regulations across Canada's federal government and all provinces and territories.

September 2026 has seen significant announcements in the renewable energy space across the country. Alberta is set to introduce a new solar panel recycling program that has drawn industry criticism

Legislative Update Report No. 2026-18 Le Bulletin d’actualités législatives

The Government of Canada has launched its highly anticipated Defence Drone Initiative to accelerate the development, testing, production and procurement of Canadian uncrewed and autonomous systems for the Canadian Armed Forces and the Canadian Coast Guard.

Alternative practice structures (APS), already firmly established in the United States, are generating significant interest and activity in the Canadian market, particularly in regard to accounting firms.

Osler's Legislative Update is a bi-weekly listing of new legislation. This issue covers legislation for the period 8/20 to 09/09.