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  • Article

    Abuse Of Dominance - October 2015

    "Abuse of dominant market position", or "abuse of dominance" as it is more generally called, is considered one of the cornerstone provisions of the Competition Act.
    CanadaAntitrust/Competition Law
    Davies Ward Phillips & Vineberg LLP
    Davies Ward Phillips & Vineberg LLP
  • Article

    Common Law Conspiracy And Other Economic Torts

    This chapter from the Fundamentals of Canadian Competition Law, Third Edition, provides a brief overview of the economic torts most relevant to competition...
    CanadaAntitrust/Competition Law
    Davies Ward Phillips & Vineberg LLP
    Davies Ward Phillips & Vineberg LLP
  • Article

    Decision On Google Will Signal If EU Is For Protectionism Or Free Markets – Financial Post, National Post

    Davies partner George Addy, a former head of Canada’s competition bureau, comments on "the aggressive action and threat of dismemberment of Google," saying that it is a direct affront to principles embedded in trade agreements and competitive market principles.
    CanadaAntitrust/Competition Law
    Davies Ward Phillips & Vineberg LLP
    Davies Ward Phillips & Vineberg LLP
  • Article

    Focus: Bureau Showing Teeth On Ordinary Prices – Law Times

    In a Law Times article that explores the Competition Bureau's increased enforcement focus in the area of misleading advertising, Davies partner Anita Banicevic offers her insights regarding the bureau's renewed interest in pricing misrepresentations.
    CanadaAntitrust/Competition Law
    Davies Ward Phillips & Vineberg LLP
    Davies Ward Phillips & Vineberg LLP
  • Article

    Google Settlement Exposes DG Comp Shortcomings, Say Lawyers – Global Competition Review

    Davies partner George Addy comments on the challenges agencies face in digital economy files, and the risks of excessive, unnecessary data collection.
    CanadaAntitrust/Competition Law
    Davies Ward Phillips & Vineberg LLP
    Davies Ward Phillips & Vineberg LLP
  • Article

    The Redemption Of S. 76: Finding Meaning For Resale Price Maintenance In The Service Context After Visa-Mastercard

    This Article argues that the result in The Commissioner of Competition v. Visa Canada Corporation and MasterCard International Incorporated revealed a gap in the Competition Act's price maintenance provision...
    CanadaAntitrust/Competition Law
    Davies Ward Phillips & Vineberg LLP
    Davies Ward Phillips & Vineberg LLP
  • Article

    Canada Cuts Back Its Activist Fund Restrictions - The Deal Pipeline

    Davies partner Alex Moore is quoted in the article "Canada cuts back its activist fund restrictions" in a recent edition of The Deal Pipeline.
    CanadaCorporate/Commercial Law
    Davies Ward Phillips & Vineberg LLP
    Davies Ward Phillips & Vineberg LLP
  • Article

    Culture, Entertainment And Gourmet Cuisine As Drivers Of Foot Traffic

    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
    CanadaCorporate/Commercial Law
    Davies Ward Phillips & Vineberg LLP
    Davies Ward Phillips & Vineberg LLP
  • Article

    Debunking The Myth: Why Activism Is Tough In Canada

    Much has been written and said about how hospitable to shareholder activism Canada is compared to the United States.
    CanadaCorporate/Commercial Law
    Davies Ward Phillips & Vineberg LLP
    Davies Ward Phillips & Vineberg LLP
  • Article

    Governance Insights: Mission Critical: CEO Succession Planning And Board Stewardship

    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.
    CanadaCorporate/Commercial Law
    Davies Ward Phillips & Vineberg LLP
    Davies Ward Phillips & Vineberg LLP
  • Article

    Biz success And The Older Worker - Benefits Canada

    Davies partner Jessica Bullock says that according to the Human Rights Code, people must be treated equally, and the code prohibits the discrimination of age in employment.
    CanadaEmployment and HR
    Davies Ward Phillips & Vineberg LLP
    Davies Ward Phillips & Vineberg LLP
  • Article

    Bright New Idea For Pensions

    Davies partner Jessica Bullock describes a new and unique type of hybrid pension plan – target benefit plan (TBP) – whereby the risk is shared equally between the employer and employees.
    CanadaEmployment and HR
    Davies Ward Phillips & Vineberg LLP
    Davies Ward Phillips & Vineberg LLP
  • Article

    Metal Streams In Foreign Affiliates

    This article considers the principal features of the typical metal stream transaction that are relevant from a tax perspective.
    CanadaEnergy and Natural Resources
    Davies Ward Phillips & Vineberg LLP
    Davies Ward Phillips & Vineberg LLP
  • Article

    Most Favored Nation Clauses: A Review Of Enforcement Activity

    Most favored nation ("MFN") clauses in vertical agreements are essentially arrangements between buyers and sellers, pursuant to which one party guarantees that the other will receive the best price...
    CanadaGovernment, Public Sector
    Davies Ward Phillips & Vineberg LLP
    Davies Ward Phillips & Vineberg LLP
  • Article

    The Realities Of P3s – Report on Business/Lexpert Special Edition: Canada’s Leading Infrastructure Lawyers

    Davies Partner Carol Pennycook is quoted in an article examining a growing interest in public-private partnerships to facilitate smaller, municipal-level projects.
    CanadaGovernment, Public Sector
    Davies Ward Phillips & Vineberg LLP
    Davies Ward Phillips & Vineberg LLP
  • Article

    Building A Greener Future

    In their latest article for Commercial Real Estate Magazine, Davies partner Anthony Arquin and architect Louise Mazauric (MRAIC) discuss the sustainable materials and design necessary to build a greener future.
    CanadaReal Estate and Construction
    Davies Ward Phillips & Vineberg LLP
    Davies Ward Phillips & Vineberg LLP
  • Article

    Canadian Transfer Pricing Decision In Marzen: Points Of Interest

    In this article from Tax Notes Int'l, Davies partner Nathan Boidman reviews Marzen Artistic Aluminum, a Canadian transfer pricing case involving sales of Canadian products into U.S. markets. Nathan focuses on novel issues raised by the parties' use of a Barbados subsidiary in the operating structure and the separate question of the decision's possible effects on the implementation in Canada of any of the action 8-10 recommendations under the OECD's base erosion and profit-shifting project.
    CanadaTax
    Davies Ward Phillips & Vineberg LLP
    Davies Ward Phillips & Vineberg LLP
  • Article

    Foreign Banks And Canada's CFC System

    Originally published in Tax Notes International, this article examines The Tax Court of Canada's CIT judgment, as well as two pending companion cases, sheds light on how the simple notion underlying controlled foreign corporation attribution rules— that CFCs' undistributed passive income should be taxed as earned — can evolve into complex, mechanical, and sometimes convoluted rules.
    CanadaTax
    Davies Ward Phillips & Vineberg LLP
    Davies Ward Phillips & Vineberg LLP
  • Article

    Fund Management Fee Waivers Under Attack

    On July 23, 2015, the IRS published proposed regulations under Code Sec. 707(a)(2)(A) that recharacterize certain allocations and distributions to a partner as disguised payments for services provided by the partner.
    CanadaTax
    Davies Ward Phillips & Vineberg LLP
    Davies Ward Phillips & Vineberg LLP
  • Article

    Is A Green New (Tax) Deal Coming To Canada?

    Davies lawyers Gregg Benson, Michael Kandev and James Trougakos review Canadian tax incentives for green energy and juxtapose them with those offered by the United States.
    CanadaTax
    Davies Ward Phillips & Vineberg LLP
    Davies Ward Phillips & Vineberg LLP

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